Giving false testimony

Montenegro

Montenegro - Criminal Code 2003 (2012) (EN)

SPECIAL PART

TITLE THIRTY-ONE
CRIMINAL OFFENCES AGAINST JUDICIARY

Giving a False testimony

Article 389
(1) A witness, expert witness, translator or interpreter who gives a false testimony before the court in a disciplinary, misdemeanor or administrative procedure or any other procedure laid down by law shall be punished by a prison term up to three years.

(2) The punishment under para. 1 above shall also apply to a party who in the course of presentation of evidence by hearing parties in a court or administrative procedure gives a false testimony, when such a testimony serves as grounds for the decision passed in that procedure.

(3) Where a false testimony was given in criminal proceedings, the perpetrator giving such a testimony shall be punished by a prison term from three months to five years.

(4) Where the offence under para. 3 above resulted in particularly grave consequences for the accused, the perpetrator shall be punished by a prison term from one year to eight years.

(5) If the perpetrator revokes the false testimony of his own free will before the final decision is passed, he shall be punished by a fine or a prison term up to three months, and punishment may also be remitted.

Montenegro - Criminal Code 2003 (2018) (EN)

Article 389
(1) A witness, expert witness, translator or interpreter who gives false testimony before the court in a disciplinary, misdemeanour or administrative procedure or any other procedure laid down by law shall be punished by a prison sentence for a term not exceeding three years.
(2) The penalty set out in paragraph 1 of this Article shall also be imposed on a party who gives false testimony in the course of presentation of evidence by hearing parties in a court or administrative procedure, where such testimony serves as grounds for the decision rendered in that procedure.
(3) Where the false testimony was given in criminal proceedings, the perpetrator shall be punished by a prison sentence for a term from three months to five years.
(4) Where the offence set forth in paragraph 3 of this Article resulted in particularly grave consequences to the accused person, the perpetrator shall be punished by a prison sentence for a term from one to eight years.
(5) Where the perpetrator revokes the false testimony of his own free will before the final decision has been rendered, he shall be punished by a fine or a prison sentence for a term not exceeding three months, and he may also be released from punishment.

Rome Statute

Article 70 Offences against the administration of justice

1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:

(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;