Perjurer

Perjury is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding. Contrary to popular misconception, no crime has occurred when a false statement is (intentionally or unintentionally) made while under oath or subject to penalty—instead, criminal culpability only attaches at the instant the declarant falsely asserts the truth of statements (made or to be made) which are material to the outcome of the proceeding. For example, it is not perjury to lie about one's age except where age is a fact material to influencing the legal result, such as eligibility for old age retirement benefits or whether a person was of an age to have legal capacity.

Perjury is considered a serious offense as it can be used to usurp the power of the courts, resulting in miscarriages of justice. In the United States, for example, the general perjury statute under Federal law classifies perjury as a felony and provides for a prison sentence of up to five years. The California Penal Code allows for perjury to be a capital offense in cases causing wrongful execution. Perjury causing the wrongful execution of another is normally punishable by death in countries that retain the death penalty. Perjury is considered a felony in most U.S. states, as well as most Australian states. In Queensland, under Section 124 of the Queensland Criminal Code Act 1899, perjury is punishable by up to life in prison if perjury is committed to procure an innocent person for a crime punishable by life in prison. However, prosecutions for perjury are rare. In some countries such as France and Italy, suspects cannot be heard under oath or affirmation and thus cannot commit perjury, regardless of what they say during their trial.

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