Criminal Defense Lawyer Stories :: Perjury - The Legal Fallout of a Lie

Perjury is the legal term for lying in court. The offense is established when a witness gives a false statement that lacks legal credibility. Because it distorts or conceals the truth in court, perjury is treated as a serious crime. This article explains what perjury is, the requirements for the offense, the penalties, and why you may need an attorney.

What is perjury?

Perjury refers to giving a false statement in court. Truth is essential in court, and perjury obstructs these legal proceedings and can lead to serious consequences. Perjury is regarded as conduct that undermines social trust and interferes with a fair trial.

Requirements for perjury

For perjury to be established, the following requirements must be met:

A witness under oath: The person must be a witness who has taken an oath as required by law. Statements made before an investigative agency, or statements by a witness who has not taken an oath, do not constitute perjury.
An intentional false statement: The witness must deliberately give a statement that differs from the truth. A mere lapse of memory or a misunderstanding is not recognized as perjury.
A false statement on a material matter: Perjury is limited to false statements on the key issues of a case. A lie about an incidental matter is not treated as perjury.

Penalties for perjury

The sentencing standards for perjury are as follows.

Ordinary perjury is punishable by imprisonment of up to 5 years or a criminal fine of up to KRW 10 million, while aggravated perjury is punishable by imprisonment of up to 7 years or a criminal fine of up to KRW 20 million. Aggravated perjury applies where another person was criminally punished or suffered a disadvantage as a result of the perjury, or where the perjury had a serious effect on the outcome of the trial.

Why you need an attorney when facing perjury charges

If you are suspected of perjury, it is advisable to seek advice from an attorney who handles such matters. An attorney can help in many ways—reviewing whether the offense of perjury is established and the likely level of punishment, gathering evidence and preparing counterarguments, proving your innocence through courtroom advocacy, and presenting mitigating sentencing factors to reduce the level of punishment.

For these reasons, it is important to get advice from a criminal defense attorney when you are facing perjury charges.

Perjury and destruction of evidence

Another important offense related to perjury is destruction of evidence, which refers to concealing, damaging, or fabricating evidence in a criminal case. Like perjury, it is regarded as a crime that obstructs the realization of justice, and it can be punished by imprisonment of up to 10 years.

Therefore, when you are facing perjury charges, your attorney should carefully review not only the perjury but also whether destruction of evidence may apply. This makes it possible to protect the defendant's rights and prepare an appropriate legal response.

We have now taken a detailed look at perjury. Because perjury is a very serious crime, it is important to get help from a criminal defense attorney if you are facing charges.

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Perjury - The Legal Fallout of a Lie