Judges Warn the False Witnesses and Review their Punishment

Judges Warn the False Witnesses and Review their Punishment

2018-11-21 12:15:00

Alaa Mohammed/Baghdad
The investigative judges in Baghdad have warned the false witnesses who are at the court to testify falsely. Confirming that personal status cases are the most cases which include the false testimony.
First judge of Al-Dora Investigation Court , Mohammed Khald Jiad Abdali identifies the testimony as giving the  available information related to any case by somebody (witness) for which the court summons him/her by the notification. Explaining that if the witness refrains to appear before the court in some cases , the investigative judge will decide to issue arrest warrant and bring him/her by force
Regarding the witness, Abdali adds that he/she is a person who appears before the court whether is civil, administrative, disciplinary or private or any other investigative authority. Sworn legally by his/her belief but testifying against the truth  and denies the right and confirms the invalidity or hide the testimony totally or partly.
The judge keeps on that the Iraqi lawmaker sets punitive texts in order to deter those who submit a false testimony to maintain the right ,justice and set the right injustice. These acts are criminalized in section fourth of Iraqi Penal Code entitled perjury .The lawmaker addresses their provisions ,their conditions and their penalties for the perpetrator by the articles (251 to 257) of Penal Code.
Abdali refers that the false testimony unfortunately became popular so that they are located near the courts and are ready to testify falsely  for money. Pointing that the personal status cases are the most cases which contain the false testimony, these cases includes the separation, certify the off court divorce and the cases of alimony as well as the cases of threat in the investigation court .
Abdali said that one of the cases of the accused women detainees in accordance with Resolution (234)of 2001 in which the investigative judge wrote  down the statement of (6) accused as witnesses against one of them after being took  legal oath. Following the investigation and referring the case to AL-Karkh Criminal Court , above six witnesses were summoned and their statements were written down before the criminal court .  They testified falsely against her before the latter court so that it convicted the accused and notified the judge to take the legal procedures against six witnesses in accordance with article(252) of Penal Code. This case was received by the court and the legal procedures were taken against six false witnesses.
About the legal procedures are taken against the false witness by the court , the judge said at the beginning , the investigative judge receives  a notification to file a complaint by the concerned authorities that are the public prosecution or the informant who knew the occurring the false testimony , the complainant or the court.
Abdali continues that the judge starts to take the legal procedures after receiving the notification by opening the record , writing down the statement of the informant or the complainant then request a copy of file of criminal or civil case of the false testimony . The judge will issue a decision to bring the accused or to issue arrest warrant according to article (252)of Penal Code or the capacity of the accused or applicable text  then facing him/her by the available evidences. After that completing the rest producers such as connecting the ID  or The copy of entry  and the past record of the accused ,and the permission of the court where the false testimony is occurred according to article (136/c)of Criminal Procedures Code  No.(23)of 1971 (amended)which stipulates that the transfer of the accused for trial before the criminal court is not permissible in a case of false testimony ,false information or provision of false evidence except with the permission of the court in which the offence took place.
He added that after receiving the permission of referral , the investigating judge decides to separate the investigation documents and to refer the  competent court to complete the investigation. The referral order will be organized and will be sent to the competent court.
On his part , the first judge of Al-Karkh Investigation Court Ahmed Hussiem Aljwari explaines that the investigation court takes several procedures against the false witness after proving that he/she was false witness in civil or administrative case or before authorized official investigation authority , the procedures according to article (252)of Penal Code will be taken against him/her and will grant the permission to refer him /her to misdemeanor court.
Aljoari adds that misdemeanor court determines the punishment for the false witness. Confirming Iraqi lawmaker sets in article (252) of Penal Code No.(111)of 1969 (amended) that any person who falsely testifies for or against an accused is punishable by detention 3 months and one day to 5 years  plus a fine of 201 thousand dinars to  IQD million.
Keeping on that  according to cases and the documents ,it is necessary to clarify that a lot of false witnesses take money specially in the criminal cases for misleading the facts and this leads to misjudge people for the interest of others .




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