Criminal defense for Perjury in Bonn

Legal Basis

§ 154 StGB

Sentencing Range

Imprisonment of no less than one year

Summary

Making a false statement under oath before a court or other authority authorised to administer oaths

Perjury (Section 154 German Criminal Code) – Criminal Defense Against Perjury Charges

Perjury is one of the most serious offences against the administration of justice and is classified as a felony carrying a minimum sentence of one year of imprisonment. It protects the functioning of the justice system and trust in the truth of judicial testimony. The charges are severe and require immediate and competent defense. For expats in Germany, it is essential to understand that giving false testimony under oath carries far heavier penalties than in many other jurisdictions.

Statutory Text – Section 154 StGB

Paragraph 1: Whoever swears falsely before a court or before another authority competent to administer oaths shall be punished with imprisonment of not less than one year.

Paragraph 2: In less serious cases, the penalty shall be imprisonment from six months to five years.

Elements of the Offence in Detail

Swearing falsely: The offender must give testimony under oath that is objectively untrue. The falsehood may relate to facts attested by the witness – both personal observations and conclusions drawn from observations.

Before a court or competent authority: The oath must be taken before a court or another authority competent to administer oaths. In practice, this primarily concerns witness testimony in civil and criminal proceedings.

Intent: The offender must act intentionally – they must know that their sworn testimony is untrue. A person who is mistaken or does not recognise the untruth does not commit perjury.

Distinction from false unsworn testimony: False unsworn testimony (Section 153 StGB) concerns unintentionally false statements or statements not made under oath. It is punished with imprisonment from three months to five years.

Typical Methods of Commission

Perjury is committed in practice through false testimony as a witness in civil proceedings – such as in divorce cases, inheritance disputes, or damages claims –, through false statements to protect relatives or friends, through deliberately untruthful declarations in sworn affidavits in enforcement proceedings, and through false statements in insolvency proceedings.

Sentencing Range

Perjury is a felony punished with imprisonment of not less than one year. In less serious cases, the penalty is imprisonment from six months to five years. The high minimum sentence demonstrates the importance the legislature attaches to protecting the duty of truthfulness. A reduction or waiver of sentence is possible if the offender corrects the false statement in time (Section 158 StGB).

Typical Defense Strategies

Defense against perjury charges is of existential importance, as the minimum sentence is already one year of imprisonment. Central defense approaches include whether the statement was actually objectively untrue, whether the accused knew the untruth of their statement or whether a mistake was present, whether formal requirements of oath administration were met, and whether a timely correction under Section 158 StGB was made. Classification as a less serious case also offers significant defense potential. Attorney Bafteh has extensive experience in defending serious testimony offences and is committed to protecting the rights of the accused.

Summons or accusation of Perjury? What matters now

Make no statement to the police at first

As an accused person you are never obliged to comment on the allegation. Anything said to the police can be used against you. Provide statements only through your defense attorney and only after reviewing the case file.

File inspection comes first

A sound defense against the allegation of Perjury requires knowledge of the investigation file. Only once the available evidence is clear can we decide whether a statement is advisable or whether remaining silent is the better strategy.

Possible discontinuation of proceedings

For an offence classified as a serious crime (Verbrechen), a penalty order and a discontinuation under Sections 153 or 153a of the Code of Criminal Procedure are excluded by law. Without an indictment, the case only ends if the prosecution discontinues it for lack of sufficient suspicion (Section 170 II) – for example because the allegation cannot be substantiated. If charges are brought, a trial follows, in serious cases before the Regional Court. This makes the defense during the investigation stage all the more important.

Victim-offender mediation and restitution

In many cases, victim-offender mediation or making good the damage (§ 46a StGB) can significantly reduce the sentence or enable a discontinuation. Whether this is advisable in your case is something we assess based on the file.

What we do after reviewing the file

We examine the evidence for reliability and admissibility, look for procedural errors, develop the defense strategy, seek a dismissal of the proceedings through discussions with the public prosecutor’s office and represent you, if necessary, at trial before the Bonn Local Court or Bonn Regional Court.

Available 24/7: +49 228 504 463 36

This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.