false swearing

false swearing
A person who makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of such a statement previously made, when he does not believe the statement to be true, is guilty of a misdemeanor if:
(a) the falsification occurs in an official proceeding; or
(b) the falsification is intended to mislead a public servant in performing his official function. Model Penal Code, No. 241.2.
The essential elements of "false swearing" consist in willfully, knowingly, absolutely and falsely swearing under oath or affirmation on a matter concerning which a party could legally be sworn and on oath administered by one legally authorized to administer it. Smith v. State, 66 Ga.App. 669, 19 S.E.2d 168, 169. It must appear that matter sworn to was judicially pending or was being investigated by grand jury, or was a subject on which accused could legally have been sworn, or on which he was required to be sworn. Capps v. Commonwealth, 294 Ky. 743, 172 S.W.2d 610, 611.
See also false oath

Black's law dictionary. . 1990.

Игры ⚽ Нужна курсовая?

Look at other dictionaries:

  • false swearing — false swear·ing n: the making of false statements under oath or affirmation in a setting other than a judicial proceeding; also: the crime of false swearing compare perjury Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • false swearing — A person who makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of such a statement previously made, when he does not believe the statement to be true, is guilty of a misdemeanor if: (a) the falsification …   Black's law dictionary

  • false — adj 1: not genuine, authentic, or legitimate compare counterfeit 2 a: not true or correct; esp: intentionally or knowingly untrue or incorrect injured by false accusations b: intended to mislead or deceive: decept …   Law dictionary

  • false suit — Same as feigned action. false swearing. Knowingly and intentionally stating upon oath that which is not true; swearing corruptly, or wilfully and knowingly deposing falsely in a sworn statement before some officer authorized to administer an oath …   Ballentine's law dictionary

  • false testimony — See false oath; false swearing; perjury …   Ballentine's law dictionary

  • false oath — In reference to a bankruptcy proceeding, an intentional untruth stated under oath respecting a matter material to an issue which is itself material. 9 Am J2d Bankr § 694. See false swearing; perjury …   Ballentine's law dictionary

  • False advertising — or deceptive advertising is the use of false or misleading statements in advertising. As advertising has the potential to persuade people into commercial transactions that they might otherwise avoid, many governments around the world use… …   Wikipedia

  • bear false witness — I verb abrogate, affirm the contrary, apostatize, be deceitful, be devoid of truth, be dishonest, be erroneous, be faithless, be fallacious, be false, be forsworn, be fraudulent, be insincere, be mendacious, be perfidious, be perjured, be… …   Law dictionary

  • mainad — False swearing; perjury …   Ballentine's law dictionary

  • perjury — per·ju·ry / pər jə rē/ n pl ries [Anglo French perjurie parjurie, from Latin perjurium, from perjurus deliberately giving false testimony, from per detrimental to + jur jus law]: the act or crime of knowingly making a false statement (as about a… …   Law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”