Database of Legislation

Article 371-bis

(False information to the Public Prosecutor or the Prosecutor of the International Criminal Court)

Anyone who, in the course of criminal proceedings, requested by the Public Prosecutor or the Prosecutor of the International Criminal Court to provide information for purposes of investigations, makes false statements or does not mention, in whole or in part, what he/she knows about the facts in respect of which he/she is being heard, shall be punished by a term of imprisonment of up to four years.

Without prejudice to the immediate institution of proceedings in the event of refusal to provide information, in the other cases criminal proceedings shall be suspended until a first instance judgment is delivered in the proceedings in the course of which information has been collected or if the proceedings have been concluded at an earlier stage by dismissing the case or by a judgment of nolli prosequi. (144)

The provisions of the first and second paragraphs shall not apply in the case referred to in Article 391-bis, paragraph 10, of the Code of Criminal Procedure, even when information for purposes of investigation is requested by a defence lawyer.

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UPDATE (144) Law of 8 August 1995 no. 332 stipulates (under Article 28, paragraph 1) that “Suspension of criminal proceedings prescribed by Article 371-bis, second paragraph, of the Criminal Code, as amended by Article 25 of this Law, shall not apply to proceedings where, upon entry into force of this piece of legislation, criminal action has already been exercised pursuant to Article 405 of the Code of Criminal Procedure. This shall be without prejudice to the court holding jurisdiction in these cases”.

Article 371-ter

(False statements to defence lawyers)

In the cases referred to in Article 391-bis, paragraphs 1 and 2, of the Code of Criminal Procedure, any person who, without invoking their right under paragraph 3, subparagraph d) of that same article, makes false statements shall be punished by a term of imprisonment of up to four years.

Criminal proceedings shall be suspended until in the proceedings, in the course of which such statements have been collected, a first-instance judgment has been delivered or the proceedings have already been concluded by dismissing the case or by a judgment of nolli prosequi.

Article 372

(False testimony)

Any person who, when giving evidence as a witness before a judicial authority or the International Criminal Court, tells falsehood or denies the truth, or does not mention, in whole or in part, what he/she knows of the facts in respect of which he/she is being questioned, shall be punished by a term of imprisonment of two to six years.

Article 373

(False expert report or interpretation)

An expert witness or interpreter appointed by the judicial authority who provides a false opinion or interpretation, or gives an untrue account of facts, shall be subject to the punishment prescribed in the preceding article. A conviction shall also imply disqualification from holding public offices, disqualification from exercising the relevant profession or art. (96)

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UPDATE (96)

Law of 31 May 1965, no. 575 as amended by Law of 13 September 1982 no. 646, stipulates:

- (by Article 7, paragraph 1) that the punishment established for the offence under this Article shall be increased if the fact is committed by a person who has already received a preventive measure by final order,

-(by Article 7, paragraph 3) that a security detention measure shall be added to the relevant punishment.