False Testimony and Cases of Non-Punishability: Commentary on Judgment No. 21987 of 2023

The recent judgment No. 21987 of 2023 by the Court of Cassation has raised important issues regarding false testimony and related grounds for non-punishability. In particular, the subject of the decision concerns the possibility of excluding punishability for those who, compelled by necessity, decide to provide false statements to avoid a criminal accusation.

The Legal Context of False Testimony

False testimony is governed by Article 372 of the Criminal Code, which establishes severe penalties for those who falsely attest in a trial. However, Article 384 of the Criminal Code introduces a ground for non-punishability, applicable when the subject acted to safeguard themselves or a close relative from serious harm. This provision also applies when false statements were made to avoid a criminal accusation.

The Ruling of the Court of Cassation

CASES OF NON-PUNISHABILITY - False statements made to avoid a criminal accusation - Exemption under Article 384 of the Criminal Code - Applicability - Conditions - Factual Circumstances. Regarding false testimony, the ground for exclusion of punishability, provided for those who committed the act because they were compelled by the necessity to save themselves or a close relative from serious and unavoidable harm to their liberty or honor, also applies in situations where the subject made false statements to avoid a criminal accusation against them, provided that such fear relates to a causal link between the harm and the content of the deposition, discernible based on a criterion of immediate and unavoidable consequentiality and not mere supposition.

In the factual circumstances examined, the Court held that the exclusion of the exemption invoked by the defendant, a buyer of a stolen painting, was correct. The defendant had no reason to fear an accusation of receiving stolen goods, as he had demonstrated a highly cooperative behavior with the authorities since the initial seizure.

Practical Implications of the Judgment

• The judgment clarifies that the mere fear of an accusation is not sufficient to invoke the ground for non-punishability.
• It is necessary to demonstrate a direct and immediate link between the false statement and the fear of harm, thus avoiding suppositions.
• Cooperative behavior with the authorities can significantly influence the assessment of punishability.

This decision by the Court of Cassation represents an important reference point for jurisprudence on false testimony and grounds for non-punishability, highlighting the need for a thorough analysis of the circumstances in which the defendant finds themselves.

Conclusions

In conclusion, judgment No. 21987 of 2023 offers significant insights for understanding the legal dynamics surrounding false testimony and possible exemptions. The Court reiterated the importance of carefully evaluating the conditions for applying the non-punishability provision, emphasizing that the mere fear of an accusation is not sufficient to justify false statements. Legal professionals and citizens must be aware of these principles, which can influence legal choices in situations of potential conflict with justice.