What is the Crime of Perjury? (2026) TCK 272, Conditions and Penalty
What Is the Crime of Perjury?
The crime of perjury occurs when a witness provides false testimony during criminal proceedings. This crime directly affects the proper administration of justice. For this reason, the legal system places great importance on the duty of witnessing.
This crime arises if a person knowingly provides a false statement during an investigation or prosecution. Furthermore, incomplete or misleading accounts can lead to the same result.
The Crime of Perjury Under Article 272 of the Turkish Penal Code (TCK)
Article 272 of the Turkish Penal Code explicitly regulates this crime.
👉 Current legislation:
According to the law:
- False testimony during the investigation phase: 4 months – 1 year imprisonment
- False testimony before the court: 1 year – 3 years imprisonment
If the person testifies under oath, the penalty is more severe. Furthermore, false statements regarding serious crimes increase the penalty.
Conditions for the Crime of Perjury
Certain elements are required for this crime to occur:
- The witness gives testimony before an authorized authority
- The person makes a statement contrary to the truth
- The witness acts consciously
- The testimony is taken within the scope of an investigation or lawsuit
When these conditions are met simultaneously, the crime is committed.
Penalty for the Crime of Perjury
The severity of the penalty varies according to the nature of the event. First, the environment in which the testimony was given is taken into account. Then, the outcome of the crime is evaluated.
The following situations, in particular, increase the penalty:
- A person is arrested due to the false statement
- An innocent person is convicted
- False testimony is given regarding serious crimes
In these cases, the judge imposes a heavier penalty.
Is the Crime of Perjury Subject to a Complaint?
This crime is not subject to a complaint. The prosecution initiates an investigation directly. Therefore, the process proceeds even if no application is made.
👉 Detailed information:
Statute of Limitations
The statute of limitations for this crime is 8 years. The prosecution takes action within this period. If the evidence is sufficient, a lawsuit is filed.
Legal Responsibility of Witnesses
Witnesses are obligated to provide accurate statements because the court bases its decision on this testimony. Therefore, false statements have serious consequences.
Furthermore, a witness must fully explain what they have seen and know. Otherwise, they will face criminal liability.
Conclusion
The crime of perjury is an important regulation that protects the justice system. For this reason, witnesses should behave truthfully and honestly. In this way, courts reach the truth faster.
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