Receiving a notice of guarantee for the crime of perjury is an event that causes deep concern, as it calls into question one's moral and legal integrity before the judicial authority. Often, those involved in this situation have not acted with the intent to lie, but have fallen into contradiction due to stress, confused memories, or insidious questions during a trial. As a criminal lawyer in Milan, Avv. Marco Bianucci understands the delicacy of this situation and the importance of intervening promptly to clarify the position of the suspect. Our legal system severely punishes those who obstruct the search for truth, but it also offers precise defense tools for those who have acted in good faith or intend to repent.

The Crime of Perjury in the Criminal Code

Article 372 of the Criminal Code governs the crime of perjury, defining it as a crime against the administration of justice. The norm punishes anyone who, testifying as a witness before the judicial authority, states what is false, denies what is true, or omits, in whole or in part, what they know about the facts on which they are interrogated. It is fundamental to understand that the criminally relevant conduct is not limited to explicit falsehood, but also includes reticence, i.e., the voluntary omission of details relevant to the judgment. The penalty for this crime is imprisonment from two to six years, a severe sanction that reflects the State's interest in ensuring the correctness of proceedings. However, for the crime to be constituted, generic intent is necessary: the witness must be aware of stating what is false or omitting what is true. Errors of perception, memory fallacies, or misunderstandings do not constitute a crime if there is no conscious will to deceive the judge.

The Defense Approach of the Bianucci Law Firm

Avv. Marco Bianucci, an expert criminal lawyer in Milan, handles cases of perjury with an analytical and rigorous method, aimed at dismantling the accusation from the ground up. The defense strategy begins with a meticulous examination of the hearing minutes and transcripts, comparing the contested statements with objective evidence and other testimonies. The primary objective is to demonstrate the absence of the psychological element of the crime, namely intent. In fact, discrepancies in a witness's account are often the result of natural memory decay, especially if the events date back a long time, or of a condition of high emotional pressure experienced during the examination.

Furthermore, Avv. Marco Bianucci carefully evaluates the applicability of the retraction provision, provided for by Article 376 of the Criminal Code. This norm offers a fundamental way out: the guilty party is not punishable if, in the criminal proceeding in which they performed their duty, they retract the falsehood and state the truth before the investigation phase is closed or before a sentence is pronounced. The management of retraction requires specific technical expertise to ensure that it is timely, complete, and sufficient to extinguish the crime, transforming a potential conviction into an acquittal. The Bianucci Law Firm accompanies the client at every stage, ensuring that the truth emerges in the clearest and most favorable way possible.

Frequently Asked Questions

What is the penalty for committing perjury?

The Criminal Code provides for the crime of perjury a penalty of imprisonment from two to six years. It is a crime that can be prosecuted ex officio, meaning that criminal action is exercised by the State regardless of a private complaint. The severity of the sanction makes the assistance of an experienced criminal lawyer indispensable to evaluate the best defense strategies.

Is it possible to avoid conviction if I lied but want to tell the truth?

Yes, the law provides for the institution of retraction. If a witness who has lied or been reticent decides to retract the falsehood and tell the whole truth before the closing of the trial (or before the sentence in civil proceedings), the crime is extinguished and they are not punishable. It is crucial that the retraction is spontaneous and complete.

Does the crime occur even if I lied in a civil case?

Absolutely yes. Article 372 of the Criminal Code makes no distinction between criminal and civil proceedings. Anyone who testifies as a witness before the judicial authority, in any type of proceeding, is bound by the obligation of truth. Lying in a separation or damages case exposes one to the same criminal consequences as a lie in a trial for serious crimes.

What happens if I lied because I didn't remember the facts well?

If the untrue statement is the result of a memory error, a mistaken perception, or confusion, and there was no conscious intent to lie, the crime does not exist due to lack of intent. In these cases, the defense of Avv. Marco Bianucci will aim to demonstrate the witness's good faith and the absence of intent to alter reality.

Request a Legal Consultation in Milan

If you are under investigation for perjury or fear that your statements may be contested, do not let the situation worsen. Proactive defense is essential to protect your criminal record and your freedom. Contact Avv. Marco Bianucci for an in-depth evaluation of your case at the office in Milan, at Via Alberto da Giussano, 26. Together, we will define the most effective strategy to demonstrate your non-involvement in the facts or to best manage your procedural position.