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False Testimony Favorable To The Defendant

ART.181:

Elements:
1. A person gives false testimony;
2. In favor of the defendant;
3. In a criminal case.

The testimony need not be beneficial to the defendant.

Conviction or acquittal of defendant in the principal case is not necessary.

Rectification made spontaneously after realizing the mistake is not false testimony.

NOTES:

False testimony by negative statement is still in favor of the defendant.

False testimony in favor of defendant need not directly influence the decision
of acquittal nor benefit the defendant(intent to favor defendant sufficient)

A statement of mere opinion is not punishable.

Conviction or acquittal is not necessary (final judgment is not necessary), but
gravity of crime in principal case should be shown

A defendant who voluntarily goes up on the witness stand and falsely imputes to
another person the commission of the offense is liable under this article. If he
merely denies the commission of the offense, he is not liable.

Rectification made spontaneously after realizing mistake is not false testimony
(Not liable if there is no evidence that accused acted with malice or criminal
intent to testify falsely)

The penalty in this article is less than that which is provided in the preceding
article because there is no danger to life or liberty of the defendant.

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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