The consequences of laying false criminal charges

The Vosloorus SAPS has embarked on an awareness campaign to teach the community about the dangers of perjury.

 

This is in an effort to inform and educate members of the public about the criminal implications of laying false criminal charges with the police.

According to Captain Piet Rossouw, who is the spokesperson for the Vosloorus SAPs, this comes after the local charge-office was inundated with cases from local residents who laid false criminal charges and falsified details or information on the case docket.

Perjury

Perjury is the act of intentionally lying, or telling an untruth, whether verbally or in writing, while under oath in an official proceeding.

The act of perjury is only considered a crime under certain specific circumstances, the details of which vary by jurisdiction. The courts view perjury as a serious offense, as lying and misrepresenting facts given in testimony effectively usurps the power of the court system.

Perjury applies only to statements of fact, not opinion, or interpretation. To explore this concept, consider the following perjury definition:

Definition of Perjury

The act of wilfully giving false testimony after giving an oath or affirmation to speak the truth.

Perjury Laws

The South African Criminal Law system makes perjury a crime, the basic definition of which is the same, though penalties may vary. An individual who lies under oath in a court, or who lies to a person acting on behalf of the law, has committed a crime and faces prison time, a fine or both.

Perjury is the unlawful and intentional making of a false statement in the course of a judicial proceeding by a person who has taken an oath or made an affirmation before, or who has been admonished by somebody competent to administer or accept the oath, affirmation or admonition

Elements of Perjury

The law requires that certain specific elements be proven in order to successfully prosecute an individual for perjury. Perjury, even if committed in a civil matter, is a criminal offense, so the burden of proof is beyond a reasonable doubt. While the specific elements may vary slightly by jurisdiction, common elements of perjury include:

n The individual must have been sworn in, be under oath, or have made a solemn promise or affirmation to tell the truth.

n The individual must have made the false statement intentionally and willingly.

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