Perjury means the deliberate giving of an incorrect statement under oath. This undermines the search for truth in legal proceedings and is therefore strictly punished in the Netherlands, including in Utrecht.
Definition of perjury
According to Article 207 of the Criminal Code, perjury is the intentional lying after taking an oath or promise. This can occur in situations such as:
- During a court case as a witness
- During an interrogation by the examining magistrate
- During a parliamentary inquiry
- When drawing up a notarial deed (Article 227 Criminal Code)
Penalty
For perjury, a prison sentence of up to 6 years can be imposed. In practice, the final penalty depends on the impact and severity of the false statement.
No oath taken?
If you give a false statement without being under oath, it is not perjury. However, it may still be punishable as:
- Forgery (for written statements)
- Obstruction of justice (Article 285a Criminal Code)
Right to refuse to give evidence
In some cases, a witness may invoke the right to refuse to give evidence, for example to avoid self-incrimination. However, this does not justify committing perjury.
Impact on court cases
If perjury is discovered, this can lead to a revision of the relevant court case. In addition, the person who committed perjury can be prosecuted criminally.
Investigation and prosecution
A judge can file a report of suspected perjury themselves. The Public Prosecution Service then initiates an investigation to determine whether the statement was intentionally false.
Local information in Utrecht
For legal matters regarding perjury in Utrecht, you can go to the Rechtbank Midden-Nederland, located at Vrouwe Justitiaplein 1. For free legal advice, you can contact the Juridisch Loket Utrecht at Catharijnesingel 55.
Frequently asked questions about perjury
What distinguishes perjury from a false statement without an oath?
Perjury involves a deliberate lie under oath, for example in a court case. Without an oath, it is not perjury, but it may still be punishable as forgery or obstruction of justice. The penalty is often milder, but it remains a serious offense.
Am I liable for perjury if I make an incorrect statement?
No, perjury requires intent. You must deliberately lie while knowing it is untrue. An honest mistake does not count as perjury, although it may damage your credibility in the case.
What are the consequences of perjury in a court case?
If perjury is proven, you risk up to 6 years in prison. The original case may be reopened, and the Public Prosecution Service will initiate a separate investigation. You may also be held liable for any damage caused.
Is lying allowed to protect myself or my family?
No, perjury is always punishable, even with a protective motive. You can sometimes invoke the right to refuse to give evidence to avoid testifying against loved ones, but lying under oath remains prohibited.
How does an investigation into perjury proceed?
If a judge suspects perjury, they can file a report. The Public Prosecution Service then investigates through interrogations and evidence whether the statement was false and whether it was intentional. If there is sufficient evidence, prosecution follows.