Perjury can be defined as the intentional act of lying, swearing, withholding the truth, giving false testimony under oath in the legal procedure.
Specific provisions are there for undertaking testimony under oath with penalties for giving false testimonies such as imprisonment, prosecution or even impeachment.
The UAE Penal Code contains multiple provisions regarding crimes like false testimonies, perjury and failing to testify. Any person who provides false testimonies before any authorized judicial authority shall be sentenced to three months of detention.
This penalty applies to acts like withholding information, denial of truth, or omitting the facts during the investigation of a case, regardless of whether the witness has testified or not.
For a person to be guilty of perjury, the accused should have criminal intent. The accused who makes the false statement under oath must be aware that he is lying or that he does not believe that the statement he is making is true.
Under laws in different countries, proof of perjury is usually required. The law usually imposes special requirements for it, such as the person cannot be charged with perjury if there is only the testimony of one witness.
For an individual to get charged with perjury, the person that filed a claim must prove that:
The statement in question is false or untrue.
The false statement in question has led to the interference of the justice system.
The person who has committed perjury was aware that the statement is false and believed that the statement would likely interfere with the course of justice.
The law, in the UAE, describes that if perjury is committed during an investigation of a felony, then the witness will be sentenced to imprisonment. Additionally, if that false testimony of a witness leads to the death sentence or life imprisonment of any person, then the witness shall be subject to the same penalty. For example, if B is sentenced to the death penalty because of the false testimony of A, A will be awarded the same sentence.
The Penal Code has also provided exemptions from the penalty inflicted in the cases of perjury. If a witness who commits perjury takes back his false testimony before the investigation is closed or before he is denounced, then he can be exempted from any penalty.
The law also states that a witness who told the truth shall be subjected to freedom. However, the law also states that if a witness’s perjury has caused any other person a legal prosecution or any judgment against him, then the witness will be sentenced to a detention period of six months minimum.
The law also states that if any person being an authority, commits perjury or gives an untrue testimony, shall be sentenced to at least one year retention period, and will also be prohibited from the practice of his profession.
If the judicial authority commits perjury in a felony case, that authority will be sentenced to imprisonment. This extends to translators who deliberately give false translations in either a criminal or civil case.
Under the law, the criminal liabilities for arbitrators and experts, as well as translators who issue a decision that is false, misleading, or untrue, are also included. The new law has stated that if they go against their duty of honesty when issuing a decision, or filing a report, they shall be subject to temporary imprisonment.
Three people in the UAE were found guilty of perjury as they signed a false official document that stated that the woman had not remarried after obtaining a divorce. The woman convinced three witnesses that the statement was true, hence she aided them in committing perjury. The witnesses are subject to criminal prosecution, which may lead up to a 10-year prison sentence.
