Receiving a notice of investigation or being investigated for the crime of perjury represents a moment of deep concern. The awareness of having made untrue statements, or the fear that one's words may have been misinterpreted in a courtroom, generates anxiety about one's future and criminal record. Understanding the seriousness of the situation is the first step in addressing it: our legal system rigorously protects the truthfulness of testimonial evidence, considering it a fundamental pillar for the proper functioning of Justice.

As a lawyer specializing in criminal law in Milan, Avv. Marco Bianucci perfectly understands the procedural dynamics that can lead a witness to contradict themselves or omit relevant details. Inaccurate statements are not always born from a desire to lie: the stress of the hearing, the time elapsed since the events, or the complexity of the questions can play a decisive role. It is essential to analyze every single aspect of the testimony to build a solid defense strategy.

The Crime of Perjury: What the Law States

The crime of perjury is governed by Article 372 of the Italian Criminal Code. The provision 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. This is a crime against the administration of justice, aimed at preventing the judge from being deceived and the outcome of the trial from being diverted by non-genuine evidence.

It is crucial to emphasize that the crime is constituted not only when one actively lies (stating what is false or denying what is true) but also in cases of omission, i.e., when the witness voluntarily decides not to report circumstances they are aware of. The penalty for this crime is imprisonment from two to six years, a severe sanction that reflects the importance the State attaches to procedural truth. However, for the crime to be constituted, intent is necessary: the subject must be aware of making a false statement or omitting the truth. Errors of perception, memory fallacies, or misunderstandings do not constitute a crime if there is no conscious intent to lie.

Retraction: A Way Out Provided by the Code

The legislator offers a possibility of repentance to a witness who has lied. Article 376 of the Italian Criminal Code provides for the institution of retraction. If the guilty party, before the closing of the trial in which they gave false testimony, retracts the falsehood and states the truth, the crime is extinguished and they are not punishable. This is a crucial defensive strategy that an experienced criminal lawyer must evaluate promptly, as the timelines are strict and allow no exceptions.

The Approach of Studio Legale Bianucci to Criminal Defense

Avv. Marco Bianucci, a lawyer specializing in criminal law in Milan, approaches cases of perjury with an analytical and rigorous method. Defense is not improvised but built through the in-depth study of hearing transcripts and the context in which the statements were made. The primary objective is to verify the existence of the psychological element of the crime: was there an intention to deceive the judge, or was it a good-faith confusion?

The strategy of Studio Legale Bianucci focuses on demonstrating the absence of intent or, where the prerequisites exist, on the immediate activation of retraction procedures to ensure the client's non-punishability. Each case is handled with the utmost confidentiality and with a personalized approach, aimed at minimizing the criminal and personal impact of the situation on the client. Technical expertise is combined with the ability to listen, to understand the human reasons that may have led to a problematic deposition.

Frequently Asked Questions

What are the concrete risks if I am convicted of perjury?

The penalty provided by the criminal code ranges from two to six years of imprisonment. In addition to the custodial sentence, a conviction results in an entry on the criminal record, which can have repercussions on one's work and personal life. However, for first-time offenders and depending on the specifics of the case, an experienced criminal lawyer will work to obtain legal benefits such as the conditional suspension of the sentence.

Can I be punished if I forgot an important detail during my testimony?

No, if it is a simple oversight. The crime of perjury requires intent, meaning the knowledge and will to lie or hide the truth. If the omission is the result of a memory lapse, distraction, or a good-faith error, the crime is not constituted. It will be the defense's responsibility to demonstrate the absence of deceptive intent.

Does perjury apply in civil cases or only in criminal ones?

The crime is constituted in any judicial proceeding, whether criminal or civil. Lying before a civil judge during a compensation or separation case exposes the witness to the same criminal consequences as those who lie in a criminal trial. The Judicial Authority is protected in all its forms.

If I retract my statement, will I avoid trial?

Yes, if the retraction occurs within the timeframes and in the manner prescribed by law. Article 376 of the Criminal Code states that the guilty party is not punishable if they retract the falsehood and state the truth before the trial investigation is closed or before a sentence is pronounced. It is crucial to act quickly with the support of a lawyer to avail oneself of this cause for non-punishability.

Request a Legal Consultation in Milan

Facing an accusation of perjury requires clarity and impeccable technical defense. If you fear you have made inaccurate statements or are already under investigation, it is essential not to waste time. Avv. Marco Bianucci is available to analyze your situation and define the most effective strategy to protect your freedom and reputation. Contact Studio Legale Bianucci in Milan to schedule a confidential meeting and evaluate together the best course of action.