Witness Immunity and Counsel — Between Two Risks
A witness in a criminal case faces a two-sided risk. On one side, through his own testimony he may himself become liable — Article 370 of the Criminal Code provides liability for supplying false information or giving false testimony. On the other, he may be subjected to unlawful influence — which the Code likewise regulates, in Article 372. Moving between these two articles is the space where witness consultation happens: exact knowledge of the boundaries set by law and the weighing of every step. This page explains both provisions so that a witness knows the true substance of witness immunity, not an imagined version.
Article 370 — the Witness's Own Liability
Article 370 governs liability for obstruction of justice expressed in the supply of false information or the giving of false testimony by an examined person, a witness or a victim, the giving of a false conclusion or testimony by an expert, an expert's deliberate or negligent failure to safeguard the object of expert examination, or an interpreter's deliberate wrong translation — during investigation or in court. Under the first part, this act is punishable by deprivation of liberty for a term of up to 4 years. The second part is harsher: the same act, committed for gain or other personal motive, is punishable by deprivation of liberty for a term of 2 to 6 years. Under the third part, the act of the first part, committed in a criminal case in which the accused is charged with a grave or especially grave crime, is punishable by deprivation of liberty for a term of 3 to 7 years. The fourth part covers the same act committed more than once — 4 to 8 years.
Article 372 — the First Form of Influence on a Witness
The first part of Article 372 protects the examined person, the witness, the victim, the expert and the interpreter from entreaty or persuasion — attempts to abuse their procedural role. It is an offence to address or persuade them to supply false information, to give false testimony, to give a false conclusion, to refuse to supply information or give testimony, to translate wrongly, or to change the information, testimony or conclusion supplied. For this act the perpetrator faces a fine, or community service for a term of 180 to 240 hours, or corrective labour for a term of up to 2 years, or deprivation of liberty for a term of 1 to 3 years. For a witness this norm matters: any attempt at pressure — even a soft, friendly one — is punishable.
Article 372 — Bribery and Coercion
The second part regulates a graver form: bribery or coercion of an examined person, witness, victim, expert or interpreter for the same purposes — false information, false testimony, a false conclusion, wrong translation, refusal or alteration — where it is accompanied by an offer of any kind of property benefit to that person or a close relative, or by a threat of murder, violence, damage to or destruction of property, or other threat. This carries a fine or deprivation of liberty for a term of 3 to 6 years. Under the third part, the act of the second part committed with violence is punishable by deprivation of liberty for a term of 5 to 8 years, and under the fourth part the same act dangerous to life or health — for a term of 6 to 9 years. The Code's note extends to legal persons as well: for the acts provided by this article a legal person is punished by a fine, or by deprivation of the right to carry out activity and a fine.
What Witness Immunity Is and Is Not
The American institution of freedom from self-incrimination is, in Georgia, a matter of criminal procedure legislation and is not the foundation of this page — no direct guarantee of it is given here, nor are its procedural details reproduced. What this page honestly offers is a map of the two criminal-law risks surrounding a witness: liability for one's own testimony under Article 370, and the danger of becoming a victim of unlawful influence under Article 372. The task of consultation is precisely to find the safe path between these two poles — before a witness gives testimony, he must know where the boundary of lawful conduct lies and which actions already qualify as pressure.
Frequently Asked Questions
Below we answer the questions witnesses ask most often.
How severely can false testimony be punished?
In the basic composition — deprivation of liberty up to 4 years; for gain or personal motive — 2 to 6 years; on a grave or especially grave case — 3 to 7 years; when committed more than once — 4 to 8 years.
A witness is being threatened — is that punishable?
Yes — influence on a witness, examined person, victim, expert or interpreter, from entreaty to bribery and coercion, is punishable under Article 372, and where threat and violence are involved, under aggravated terms.
Is a fine the only risk for pressure?
No — the first part also provides community service of 180 to 240 hours and deprivation of liberty; the following parts are punished only by imprisonment — up to 6 to 9 years.
May consultation precede testimony?
Yes — that is the essence of witness consultation: a considered assessment of the risks defined by Articles 370 and 372 before taking the step.
How We Help on Legal.ge
On Legal.ge you can contact an experienced criminal-law advocate who consults a person called as a witness before testimony: explains the boundaries of liability for false testimony, assesses signs of unlawful influence and, where necessary, responds to them in the manner prescribed by law. Fill in the request form on the site and get a qualified consultation on Legal.ge.