Perjury is the deliberate giving of a false statement under oath. This undermines the search for truth in legal proceedings and is therefore strictly punished in the Netherlands, including in Rijswijk.
Definition of perjury
According to Article 207 of the Criminal Code (Sr), perjury is the intentional lying after taking an oath or promise. This can occur in situations such as:
- As a witness during a hearing at the District Court of The Hague (district under which Rijswijk falls)
- During an interrogation by the examining magistrate
- During an official parliamentary inquiry
- When drawing up a notarial deed (Article 227 Sr)
Penalty for perjury
The maximum penalty for perjury is 6 years' imprisonment. In practice, the actual penalty depends on the impact and severity of the false statement and may be lower.
No oath taken?
If you have not taken an oath or promise but still lie, this is not perjury. However, it may still be punishable, for example as:
- Forgery (in the case of a written statement)
- Obstruction of justice (Article 285a Sr)
Right to refuse to give evidence in Rijswijk
In some cases, as a witness you can invoke the right to refuse to give evidence, for example to avoid incriminating yourself or a family member. However, this does not justify committing perjury, not even in cases at the District Court of The Hague.
Impact on legal proceedings
If perjury is discovered, this can lead to a revision of the case in which the false statement was given. In addition, as the perpetrator you run the risk of criminal prosecution.
Investigation into perjury
A judge can file a report of suspected perjury themselves. The Public Prosecution Service then initiates an investigation to determine whether the statement was intentionally false, often using witness statements and other evidence.
Frequently asked questions about perjury in Rijswijk
What distinguishes perjury from a false statement without an oath?
Perjury specifically concerns a deliberate lie under oath, for example in a case at the District Court of The Hague. Without an oath, a false statement may be punishable as forgery or obstruction of justice, but the penalty is often milder.
Am I liable for perjury if I make a mistaken statement?
No, perjury requires intent. An honest mistake or faulty recollection does not constitute perjury, although it may damage the credibility of your statement in the proceedings.
What are the consequences of perjury in a case?
If perjury is proven, you risk up to 6 years' imprisonment. In addition, the original case may be revised, and the Public Prosecution Service will initiate a separate investigation into the perjury. Civil liability for damages is also possible.
May I lie to protect myself or a loved one?
No, perjury remains punishable, even with a personal reason. The right to refuse to give evidence sometimes offers the option to remain silent, but lying under oath is never permitted.
How does an investigation into perjury proceed?
If a judge suspects perjury, they can file a report. The Public Prosecution Service then investigates whether the statement was deliberately false, through interrogations, evidence, and identifying contradictions.