當民眾被傳喚出庭作證時,常被要求「具結」;而所謂「具結」則指證人保證其據實陳述及絕無隱匿(或虛偽)情事(詳參刑事訴訟法第189條)。
又,因刑法第168條規定:「於執行審判職務之公署審判時或於檢察官偵查時,證人、鑑定人、通譯於案情有重要關係之事項,供前或供後具結,而為虛偽陳述者,處七年以下有期徒刑」。是以,民眾出庭作證時,常擔心因記憶模糊 致證詞與事實未盡相符時,恐有「偽證罪」之虞。
其實「偽證罪」僅處罰「故意」犯。(亦即:明知證詞有誤,而仍虛偽陳述並具 結者)。民眾如僅因記憶不清致證詞有誤,依法不在處罰之列。不過,由於證詞影響法院判決甚鉅,為協助法院發現真實,民眾出庭作證時,仍應誠實以告, 切莫勉強回答,以免誤導法院作出錯誤判決！
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When a witness is summoned to court, they are often required to take an oath, which means they must promise to tell the truth and not conceal or falsify information (Code of Criminal Procedure, Article 189).
According to Article 168 of the Code of Criminal Procedure: "A witness, expert witness, or interpreter, who at a trial before a public official vested with judicial functions or at an investigation before a prosecutor makes, before or after signing an affidavit, a false statement on a matter material to the case shall be sentenced to imprisonment for not more than seven years.” Because of this provision, many people worry that if their testimony differs from the facts due to memory lapses, they might be charged with perjury. However, the key element of perjury is knowingly making a false statement. If the inconsistency is due to an honest mistake or faded memory, it does not constitute a crime.
In reality, perjury only applies to intentional false statements. This means that a person must knowingly provide false testimony under oath for it to be punishable. If a witness gives incorrect testimony simply due to a lack of memory or confusion, it does not constitute perjury under the law. However, since the testimony can significantly influence court rulings, witness should always be honest and truthful when testifying. If uncertain about a detail, it is better not to guess or speculate, as this could mislead the court and affect the outcome of the case.
April 12, 2025