In the course of a court dispute, both parties try to convince the judge that they are right. Thismay put them in a position where they must decide whether to present all evidence in court – even evidence that may not be in their favor. But can the parties to the dispute lie? And what about witnesses that the court summons? This article addresses these questions.

What can the participants in the proceedings do?

Participants in civil court proceedings (i.e., the plaintiff and the defendant) are not bound to tell only the truth. This is also understood by the judge, who evaluates all evidence based on the principle of free evaluation of evidence. This means the judge assesses how the evidence impacts the case both individually and in the context of other pieces of evidence. However, the freedom of the parties is limited by law.

If a participant in the proceedings submits a forged or altered piece of evidence (for example, a document where something has been changed), and this evidence is of substantial importance for the decision, they are committing the criminal offense of obstructing justice, which can result in up to two years of imprisonment. Therefore, you should avoid submitting such evidence at all costs.

The Risk of Lying

Since the court makes its decision based on the evidence presented by the parties, which can include the statements of the participants (in the form of written submissions, including sworn declarations, or in the form of their testimony), the judge may determine that some of the participant’s statements were not truthful. What happens if a participant lies?

Firstly, their credibility is damaged, and the judge will approach their future statements with caution. This can even influence the outcome of the case in favor of the opposing party.

Witnesses: The Truth, the Whole Truth, and Nothing but the Truth

Unlike the participants in the case, witnesses are legally bound to tell the truth. Before giving their testimony, witnesses are informed that giving false testimony is a criminal offense (we’ve written about how witness questioning is conducted here). However, a witness may refuse to testify if doing so could expose them or their close family members to the risk of criminal prosecution. In some other cases (for example, due to confidentiality obligations for lawyers), a witness may not be questioned.

Can a witness face criminal prosecution if they don’t remember something?

A witness does not need to worry if they admit that they do not remember something; the court will not consider this to be false testimony. However, inventing false details is not acceptable.