BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences

TITLE XX
On felonies against the Judicial Power

CHAPTER VI
On perjury

Article 458

1. A witness who does not tell the truth in his deposition in a court case shall be punished with imprisonment of six months to two years and a fine of three to six months.

2. If perjury is committed against the accused in a criminal case, the penalties shall be of imprisonment from one to three years and a fine from six to twelve months. If a conviction is handed down due to that deposition, the higher degree penalties shall be imposed.

3. The same penalties shall be imposed if the perjury takes place before International Courts of Law that, by virtue of treaties duly ratified under the Spanish Constitution, exercise powers deriving therefrom, or when committed in Spain on declaring by virtue of letters rogatory issued by a foreign court.

Article 459

The penalties set forth in the preceding Articles shall be imposed in the upper half on experts or interpreters who maliciously misconstrue the truth in their opinion or translation, who shall also be punished with the penalty of special barring from profession or trade, public employment and office, for a term from six to twelve years.

Article 460

Should the witness, expert or interpreter, without substantially misconstruing the truth, alter it with hesitation, inexactness or by silencing relevant facts or data known to him, he shall be punished with the penalty of a fine from six to twelve months and, when appropriate, suspension from public employment and office, profession or trade, of six months to three years.

Article 461

1. Whoever were to knowingly produce false witnesses or misleading experts or interpreters, shall be punished with the same penalties as those established for them in the preceding Articles.

2. Should the offender of such a felony be a solicitor, barrister, chartered labour consultant or representative of the Public Prosecutor, in their professional practice or duties of office, in each case the punishment in its upper half and that of special barring from public employment and office, profession or trade, for a term of two to four years, shall be imposed.

Article 462

Whoever, having committed perjury in a criminal case, retracts in a timely, due manner, declaring the truth in order for it to take effect before judgement is handed down in the proceedings concerned, shall be exempt of punishment. If a custodial sentence has been enforced as a consequence of the perjury, the lower degree penalties shall be imposed.

BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences

TITLE XX
On felonies against the Judicial Power

CHAPTER IX
On felonies against the Judicial Administration of the International Criminal Court

Article 471 bis

1. A witness who intentionally commits perjury in his deposition before the International Criminal Court, being bound to tell the truth pursuant to the rules and regulations of procedure and evidence of that Court, shall be punished with imprisonment from six months to two years. Should the perjury be committed against the accused, the punishment shall be imprisonment from two to four years. Should a conviction be handed down as a consequence of the witness statement, the punishment of imprisonment from four to five years shall be imposed.

TITLE XX. OFFENCES AGAINST THE ADMINSTRATION OF JUSTICE
CHAPTER IX. OFFENCES AGAINST THE ADMINSTRATION OF JUSTICE OF THE INTERNATIONAL CRIMINAL COURT

Article 471 Bis
1. Any witness who intentionally gives false testimony before the International Criminal Court, being under an obligation to tell the truth pursuant to the substantive provisions and Rules of Procedure and Evidence of that Court, shall be sentenced to six months to two years’ imprisonment. If the false testimony is given against the accused, the sentence shall be two to four years’ imprisonment. If, as a result of the testimony, a guilty verdict is reached, the sentence shall be four to five years’ imprisonment.