Subornation of Perjury

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Subornation of Perjury

The criminal offense of procuring another to commit perjury, which is the crime of lying, in a material matter, while under oath.

It is a criminal offense to induce someone to commit perjury. In a majority of states, the offense is defined by statute.

Under federal Criminal Law (18 U.S.C.A. § 1622), five elements must be proved to convict a person of subornation of perjury. It first must be shown that the defendant made an agreement with a person to testify falsely. There must be proof that perjury has in fact been committed and that the statements of the perjurer were material. The prosecutor must also provide evidence that the perjurer made such statements willfully with knowledge of their falsity. Finally, there must be proof that the procurer had knowledge that the perjurer's statements were false.

When there is a criminal conspiracy to suborn perjury, the conspirators may be prosecuted whether or not perjury has been committed. It is also quite common to join both subornation of perjury and Obstruction of Justice counts in a single indictment when they arise from the same activity.

The Federal Sentencing Guidelines recognize two types of circumstances that enhance the criminal sentence for subornation of perjury. An offense causing or threatening to cause physical injury to a person, or property damage, in order to suborn perjury is one circumstance. The other is when subornation of perjury resulted in substantial interference with the administration of justice, which includes a premature or improper termination of a felony investigation, an indictment, a verdict, or any judicial determination based on perjury, false testimony, or other false evidence, or the unnecessary expenditure of substantial government or court resources.

Under 18 U.S.C.A. § 1622, a person convicted of subornation of perjury may be fined $2,000 and sentenced to up to five years in prison.

subornation of perjury

n. the crime of encouraging, inducing or assisting another in the commission of perjury, which is knowingly telling an untruth under oath. Example: lawyer Frank Foghorn is interviewing a witness in an accident case who tells Foghorn that Foghorn's client was jaywalking outside the crosswalk when struck by the defendant's car. Foghorn tells the witness to help his client by saying the accident occurred in the crosswalk and the witness so testifies in court. Foghorn is guilty of subornation of the witness' perjury. (See: perjury)

SUBORNATION OF PERJURY, crim. law. The procuring another to commit legal perjury, who in consequence of the persuasion takes the oath to which be has been incited. Hawk. B. 1, c. 69, s. 10.
     2. To complete the offence, the false oath must be actually taken, and no abortive attempt (q.v.) to solicit will complete the crime. Vide To Dissuade; To persuade.
     3. But the criminal solicitation to commit perjury, though unsuccessful, is a misdemeanor at common law. 2 East, Rep. 17; 6 East, R. 464; 2 Chit. Crim. Law, 317; 20 Vin. Ab. 20. For a form of an indictment for an attempt to suborn a person to commit perjury, vide 2 Chit. Cr. Law, 480; Vin. Ab. h.t.
     4. The act of congress of March 3, 1825, Sec. 13, provides, that if any person shall knowingly or willfully procure any such perjury, mentioned in the act, to be committed, every such person so offending, shall be guilty of subornation of perjury, and shall, on conviction thereof, be punished by fine, not exceeding two thousand dollars, and by imprisonment and confinement to hard labor, not exceeding five years, according to the aggravation of the offence.

References in periodicals archive ?
1) In the case of counts of perjury or subornation of perjury arising from testimony given, or to be given, in separate proceedings, do not group the counts together under [section] 3D1.
In other words, if in fact you told Monica Lewinsky to lie, they can forgive that, but if you committed subornation of perjury, they won't.
Included in this class of offenses, which "might be committed by words, by writing, or by deed," were perjury, subornation of perjury, forgery, counterfeiting, false weights and measures, "selling or mortgaging the same thing to two persons in two several contracts," and "supporting the law suit of another by money, witnesses, or patronage.
Under federal law, the prosecutor would clearly be guilty of subornation of perjury because he knew that the police-witness would lie, he was responsible for that perjury (by the encouragement and by his subpoena to the officer), and the police-witness himself knew that the testimony he was to give would not be the truth.
Under the Revised Penal Code, perjury is punishable by arresto mayor in its maximum period or four months and one day to two years and four months while subornation of perjury is not expressly penalized.
Do not be a party to perjury or the subornation of perjury,' De Lima said in a talk with reporters later.
vanGerven, 28, both of 15 Old Orchard Circle, Boylston, were each arraigned Thursday afternoon in Central District Court on charges of witness intimidation, attempted subornation of perjury and two counts of conspiracy, in what police and prosecutors said was a plot to pay a scheduled witness in Mr.
Surely, I know all those who committed incriminatory machination, even subornation of perjury by the assigned prosecutor herself and I will never forget their names.
He said having the tow company's owner charged with witness tampering and subornation of perjury "casts a cloud on the integrity of evidence gathered from vehicles placed in the hands of a tow company and towed to the Police Station for evidentiary purposes in criminal cases.