The sanction false testimony oath in United Arab Emirates law Mohamed Al Marzooqi Lawyer Dubai Abu Dhabi UAE WhatsApp: +971555570005
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The sanction of false testimony and oath in United Arab Emirates law
The testimony means that the witness tells the truth about a certain fact to be proven or denied it, and that happens after taking an oath before a judicial authority or a committee that have the authority to hear witnesses, the testimony aim to clarify the circumstances, events, and those involved in the case , the testimony could be the decisive aspect of judgement, which could change the fate of a human hanging between freedom and imprisonment , therefore the witness must be aware for what he is doing , the law protects the witness , and the law applies a sanction on people who falsify the testimony to hurt the others or keeps it to prevent the implementation of rights . article 253 of United Arab Emirates penal code showed the sanction of false testimony as:
Any person who gives false testimony before a judicial authority or a committee that have the authority to hear the witnesses after taking an oath, or deny the truth or hide some or all the facts of the case that requested from him whether the person who testify is accepted or not as a witness, whether his testimony accepted or not in the procedures, will be liable to imprisonment for not less than 3 months.
Moreover, if the person gives false testimony through crime investigation or trial, he/she will be liable to temporary imprisonment and if the false testimony is the reason for a death sentence or life imprisonment, he will be liable for the same sanctions.
The legislator stated that, the person who gives false testimony shall be liable to detention for term not less than 3 months but he increased the penalty to temporary imprisonment if it happened in felony case, and it was from justice as stated in the end of the article mentioned before which provided that if false testimony was the reason for a death sentence or life imprisonment, he will be liable for the same sanctions.
And despite of that severe penalty the law gave the witness the right to retract his false testimony, as article no. 254 included that the witness may be exempted of his testimony during criminal investigation if he retracted of his false testimony, before the investigation closed or false testimony reported.
Also if any witness retracted his false testimony in any prosecution before any judgement on the merits of the case
So the article as follows:
Exempted from punishment:
a) witness who retracted of his false testimony during criminal investigation, before the investigation closed or false testimony reported.
b) witness retracted of his false testimony in any prosecution before any judgement on the merits of the case and if it is not final judgment.
Finally, Perjury is a sin in the eyes of god other than a crime punished by law, everybody is invited to testimony shall check their own conscience and say whatever makes them innocent before god, and not to be a reason for people`s oppression and hurting.
Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi Advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE
