Subornation of Perjury: Inducing Another Person to Commit Perjury

Subornation of perjury involves persuading someone else to lie under oath, a severe offense with significant legal consequences.

Subornation of perjury is a legal term referring to the act of provoking, persuading, or otherwise influencing another person to commit perjury—an act of lying under oath. This offense is considered a serious crime in many jurisdictions because it undermines the integrity of the judicial system.

Legal Definition and Elements

Elements of Subornation of Perjury

To prove subornation of perjury, the prosecution must typically establish the following elements:

• Inducement or Persuasion: The defendant must have intentionally persuaded or encouraged another person to commit perjury.
• False Testimony: The testimony given by the induced person must be false.
• Knowledge of Falsity: The defendant must have known that the testimony was false.
• Under Oath: The false testimony must have been given under oath in a legal proceeding.

Legal Consequences

The consequences of subornation of perjury can include:

• Criminal Charges: Those found guilty may face significant fines, imprisonment, or both.
• Professional Repercussions: Legal professionals involved in subornation of perjury can face disbarment or other professional penalties.

Historical Context

Subornation of perjury has roots in common law and has been recognized as a distinct offense for centuries. The crime’s recognition underscores the judiciary’s emphasis on truthful testimony as a cornerstone of justice.

Applicability and Examples

Real-World Examples

• Legal Cases: A lawyer who persuades a witness to provide false testimony during a trial commits subornation of perjury.
• Corporate Scandals: Executives who persuade employees to lie during investigations may be charged with this offense.

Comparisons with Related Terms

• Perjury: Direct act of lying under oath.
• Subornation of Perjury: Persuading another to lie under oath.
• Obstruction of Justice: Broader crime that includes interfering with the process of justice, which may encompass subornation of perjury.

Related Terms

• Perjury: The willful act of giving false testimony under oath.
• Witness Tampering: Attempting to influence the testimony of a witness.
• Obstruction of Justice: Any attempt to interfere with the administration of justice.

FAQs

What is the punishment for subornation of perjury?

Punishments can vary by jurisdiction but typically include fines, imprisonment, or both. Legal professionals may also face additional sanctions such as disbarment.

Can someone be charged with subornation of perjury if no perjury was committed?

Typically, the perjury must actually occur for subornation charges to be applicable. However, attempts to suborn perjury may still result in legal consequences under other statutes.

References

1. “Subornation of Perjury.” Cornell Law School, Legal Information Institute. LII
2. “Perjury and Subornation of Perjury.” Criminal Law Handbook, 16th Edition, Paul Bergman & Sara J. Berman.

Summary

Subornation of perjury is a critical offense in the legal world, encapsulating the act of inducing someone else to lie under oath. It carries heavy penalties due to its potential to corrupt justice. Understanding this term and its implications is essential for legal professionals and anyone involved in judicial procedures.

By ensuring comprehensive coverage of topics like subornation of perjury, we contribute to a well-informed and knowledgeable society.