“Truth and only truth”, how often are false statements under oath?

The false statement under oath” is a criminal offence, which is sanctioned by the Criminal Code of the Republic of Kosovo in the chapter of criminal acts against administration of justice and public administration, reports “The Law of Justice”.

A false testimony in a judicial procedure is certainly a crime, for a lie in the procedure can have serious consequences because a false witness is at risk of ruining the objective and basic principle of the justice system and the revealing of truth.

The perpetrators of this criminal act may be parties who are involved in a judicial procedure, including witnesses, experts, translators and interpreters.

According to the Kosovo Criminal Code commenter, the subjective side of this criminal act is that it is conducted only deliberately. The director of this work signed, respectively, false testimony, even though he is under oath, and is aware that he is hiding relevant facts despite the oath of any relevant fact in behalf of the corresponding procedure.

Thus, the witness, the expert, or anyone facing the court gives false testimony in order to deceive the court or any other intent of deception.

In court hearings, claims are often filed that individuals assigned to the procedure are not telling the truth, despite this over the past three years, the prosecution has not filed any charges for criminal work “The false statement under oath”.

I inform you that the Bureau for Statistics collects statistical data on corruption subjects, and also according to the criminal act named by the prosecutor, but by the years 2019, 2020, and 2021 there is no Actacase set up for Article” in response to the Kosovo Prosecutor's Council for “The Justice Voter”.

Although no charges have been filed with the Founding Prosecutors over these years for this work, prosecutors do not imply that claims in the judgments be filed and that they question the credibility of the parties in the procedure.

“This witness is not creditable, isn't telling the truth, had declared the Pristina Constitutional Prosecutor's Crime Prosecutor, Besa Limani, in one of the hearings when the M.R witness was testifying, in the case where Bali and Bucky Recica were deemed to have killed their uncle's son. In spite of that, the prosecutor had not warned that she would take action against the witness in question.

Criminal procedure had warned prosecutor Iliryana Sollaku against the defence witness M.A., claiming the same was true during the hearing.

After hearing this testimony, I announce to the court that the person presented as the witness of the case, which was just heard, following this trial, would reason on the reason to initiate the criminal procedure for the criminal offence, sanctioned on the Penal” Code, the prosecutor had indicated after hearing the witness's statement in question.

In addition to prosecutors, lawyers often questioned the truthfulness of evidence given by witnesses and others in the procedure.

Kosovo lawyer Kelmendi had named it “bil”, witness J.R., who was giving his testimony about one of the most cruel post-war murders, known as the case of APUcekic. The defendant's lawyer had said that the witness is unconcilable and that it must be proven whether what he was declaring is fiction in his head.

Although no charges have been filed in the last three years, the Kosovo Judiciary Council (KGJK) says that for the period 2019-2021, 19 subjects have been in procedure for the “false plea under oath”.

“Landants on the job and resolved from 2019 to 2021 are: The subject at work is fourteen (14). Resolved subjects five (5)”, the Kosovo Judiciary Council said in January of this year.

How, though, is the penalty for such a crime rendered?

The Penal Code in power has seen fines or imprisonments, with the maximum of five years for false statements under oath.

“Anyone who after taking the oath of the competent body to administer the testimony given under oath or vows and then sign the testimony under oath or declares something that does not believe to be true or conceal or avoid any relevant case for procedure from the declaration, is fined or sentenced to three years (3)x1>, is presented in paragraph 1 of Article 383 of KPRK.

And according to paragraph 2, if Article 383's statement from paragraph 1, is issued during the criminal procedure, the offender is fined or sentenced to prison for up to five years.

The proper code has also seen atoning sentence for the conduct of this criminal act, when the same voluntarily withdraws his statement before the end of his testimony.

“Justice Trust”, brings you some of the cases monitored by this nature of criminal acts:

I swear that I've never told a lie in my life, I feel really bad even when I hear I'm being accused of false statements”, accused Abdullah Zeqiri had said of lying statements under oath.