THE NON-PENALTY CLAUSE CONSISTING IN THE WITHDRAWAL OF FALSE TESTIMONY
THE NON-PENALTY CLAUSE CONSISTING IN THE WITHDRAWAL OF FALSE TESTIMONY

Summary/Abstract: In this paper I have made a brief analysis of the cause of impunity provided by Article 273 (3) Criminal Code in the case of the crime of false testimony. According to this nonpenalty clause, the witness shall not be punishable if they withdraw their testimony, in criminal cases, before the defendant’s detention or arrest, or before the commencement of the criminal action or in other cases before a decision or another solution is given, following the false testimony given. The offense of false testimony consists in the act of a witness who, in a criminal, civil or other proceeding in which witnesses are heard, gives false statements, or does not tell everything they know regarding the essential acts or circumstances in relation to which they are heard The crime of false testimony has raised certain legal issues in the judicial practice. Moreover, in connection with this crime, an appeal was admitted in the interest of the law in connection with the relationship between this crime and the offense of favoring the perpetrator, by which it was established that this crime cannot be retained in formal competition with the crime of favoring the perpetrator. At the same time, a preliminary ruling was given on the quality of active subject of the offense of false testimony of the whistleblower who benefits from the non-penalty clause provided for in Article 290 (3) of the Criminal Code in the case of the crime of bribery. Considering certain points of view expressed in the doctrine regarding the cases in which non-penalty clauses of this crime may intervene in criminal cases, as well as the specificity of other proceedings in which witnesses are heard, I have proposed an analysis of this non-penalty clause from the perspective of the situations in which it can be invoked and the particular situation imposed by the succession procedure in cases where it is necessary to hear witnesses.

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