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Range and Judgement of Perjury

  • DONG-A LAW REVIEW
  • 2013, (60), pp.65-98
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

CHOI BYUNG GAK 1

1동아대학교

Accredited

ABSTRACT

If a sworn witness makes a false testimony he or she commits a perjury. The party in civil suit may be sanctioned with perjury when he or she swears an oath and gives a false testimony without exemption or denial of oath. The defendant in criminal court is free from perjury because oath is not necessary to present defendant’s own statement. The co-defendant is subject to perjury if he or she is called as a witness in a separated proceeding. The convicted have a right to refuse testimony which may incriminate himself or herself or close family members in the accomplice’s case. When the presiding judge omits informing the witness of the right to refuse testimony, the witness should not be found guilty of perjury even if the testimony is false. A false testimony consists of statements which are inconsistent of objective truth and are presented against subjective memory. Perjury is accomplished when a witness examination day is over. So if a witness reverses a false statement in a single day, he or she does not commit a perjury. A same testimony which is a reliable evidence by a court might be a false statement by another court.

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