A witness’s testimony in a criminal case often has significant and, in some cases, decisive evidentiary value. For this reason, the law requires a witness to provide the investigation and the court with accurate information known to them.
A witness’s intentional provision of false information may obstruct the objective investigation of a case and the proper establishment of the factual circumstances. It may also create a risk that an innocent person will be prosecuted or that a guilty person will evade liability. For this reason, the Criminal Code of Georgia imposes criminal liability for providing false information and giving false testimony.
At the same time, not every difference, inaccuracy, or contradiction between statements automatically means that the witness has committed an offense. Criminal liability requires proof of both the objective falsity of the information and the witness’s intent.
What Is False Testimony?
False testimony is information provided by a witness to the investigation or the court that does not correspond to reality and that the witness knows to be false.
False testimony may take the form of:
- inventing and affirming a fact that did not actually exist;
- knowingly denying a circumstance that actually occurred;
- intentionally distorting a fact;
- substituting one participant in an event for another;
- knowingly concealing the identity of the person who committed the offense or naming another person;
- intentionally changing the time, place, method, or another significant circumstance of the offense;
- presenting only that part of the factual circumstances which deliberately creates a false overall picture.
False information may concern any issue relevant to the case, including the fact that an offense occurred, the identity of the accused person, an act performed by that person, the victim, the relationship between the accused and the victim, the motive for the offense, the weapon used, the harm caused, or another circumstance.
However, an opinion, assumption, or subjective assessment of a fact cannot be regarded as false testimony merely because it differs from another person’s opinion or the final assessment of the case. Criminal liability primarily concerns factual information that has been knowingly presented inaccurately.
False Information and False Testimony
In criminal proceedings, a distinction must be made between interviewing a person at the investigation stage and examining a witness in court.
During an investigation, a party may voluntarily interview any person who may possess information relevant to the case.
Consent to an interview is voluntary. A person is entitled to refuse to be interviewed. However, if they agree to provide information, they are required to provide the investigation with accurate information. Before the interview begins, the person must receive a written explanation of the potential criminal liability for providing false information.
At the investigation stage, where the grounds prescribed by law exist, a person may also be examined as a witness before a magistrate judge. In court, a witness gives testimony after taking an oath or making an affirmation in place of an oath. Before this, the court is required to explain the liability prescribed for giving false testimony and refusing to testify.
Accordingly, Article 370 of the Criminal Code of Georgia covers both the provision of false information by a person being interviewed during an investigation and the giving of false testimony by a witness before a magistrate judge or the court hearing the case.
The rules governing interviews and the examination of witnesses are established by Articles 48, 49, 113, and 114 of the Criminal Procedure Code of Georgia.
When Does Criminal Liability Arise?
Several necessary circumstances must be established before a witness can be held criminally liable for giving false testimony.
1. The information must be provided in the course of an investigation or court proceedings
Incorrect information communicated by a person in a private conversation, on social media, or publicly does not in itself constitute false testimony.
For Article 370 of the Criminal Code of Georgia to apply, the information must be provided during a criminal investigation or in court by a person with the relevant procedural status—a person being interviewed, a witness, or a victim.
2. The information provided must be objectively false
To impose liability, it must be established what actually occurred and precisely which part of the witness’s account contradicts the true factual circumstances.
The mere fact that a witness’s testimony does not correspond with the prosecution’s version, another witness’s testimony, or a particular item of evidence is insufficient to establish that it is false.
The falsity of the information must be established by the totality of the evidence obtained in the case, rather than by an assumption or a single conflicting statement.
3. The false information must concern a circumstance relevant to the case
False testimony must relate to a fact that is relevant to the investigation of the case, the assessment of evidence, or the administration of justice.
A minor inaccuracy caused by the passage of time, the characteristics of human memory, or an incomplete perception of the event, and which cannot materially affect the case, is not a sufficient basis for liability for giving false testimony.
Furthermore, the false information does not have to concern only the identity of the person who committed the offense or the fact of the offense itself. It may concern any other circumstance relevant to the case.
4. The witness must act with direct intent
Giving false testimony is an intentional offense. To establish liability, it must be proved that:
- the witness knew the factual truth;
- the witness understood that they were providing the investigation or the court with incorrect information;
- the witness knowingly decided to provide that information.
If a witness is honestly mistaken, remembers a fact incorrectly, perceived the event incompletely, forgot details because of the passage of time, or believes that the information they are providing is accurate, direct intent is absent from their conduct.
Accordingly, objectively incorrect information does not always constitute false testimony for the purposes of criminal law. It must be proved that the person knew the information was false.
5. The witness must have been informed of their rights and liability
The party conducting the interview is required to provide the person being interviewed with a written warning about the potential liability for providing false information and making a false accusation.
Before examining a witness in court, the judge explains the liability prescribed for giving false testimony and refusing to testify. The witness takes an oath or makes an affirmation in place of an oath.
A proper warning and the person’s signature on the relevant document constitute important evidence when determining whether the person understood their obligation to tell the truth and the legal consequences of providing false information.
6. The prosecution must prove every circumstance beyond a reasonable doubt
In a false-testimony case, the prosecution must prove not only that the witness’s account conflicts with other evidence, but also which particular information was false, why it was false, and the basis for concluding that the witness knew it was false.
According to the Supreme Court of Georgia, Article 370 of the Criminal Code does not impose liability merely for contradictory statements. Liability arises for intentionally false testimony. Therefore, a change in testimony or a contradiction between information provided at different times may justify the initiation of an investigation or an additional inquiry, but it is not independently sufficient to find the person guilty (Case No. 1296აპ-24).
Does a Witness Have the Right to Remain Silent?
A witness has the right not to give testimony that would incriminate the witness or a close relative in the commission of an offense. At the investigation stage, a person’s participation in an interview is also voluntary, and they may refuse to be interviewed.
However, the right to remain silent or refuse to provide information does not include a right to provide false information.
Where a person has a ground provided by law, they may refuse to answer a particular question, but they must not knowingly give an incorrect answer. Lawful silence and deliberate falsehood are legally distinct forms of conduct.
Does a Change in Testimony Alone Constitute False Testimony?
No. A contradiction between information provided to the investigation and information provided to the court does not automatically establish false testimony.
A witness may:
- remember a particular circumstance more clearly at a later time;
- have misunderstood a question during the previous interview;
- initially have provided an incomplete account of the facts;
- have perceived the event differently;
- have described details inaccurately because of their emotional or psychological condition;
- discover that information was recorded incorrectly or incompletely in the previous record.
In such circumstances, both accounts, the conditions under which the interview was conducted, the records, audio and video recordings, and other evidence must be assessed together.
For liability to arise, it is necessary to establish not only that the two accounts differ but also which one is false and whether the person knew it was false at the time the information was provided.
Does the Outcome of the Criminal Case Matter?
The final outcome of the underlying criminal case is not decisive in determining whether the offense of false testimony has been committed.
The offense prescribed by Article 370 of the Criminal Code of Georgia is a formal offense. It is considered complete at the moment false information is provided to the investigation or false testimony is given in court.
Therefore, liability does not require the false testimony to have:
- resulted in the acquittal of the accused person;
- caused an innocent person to be convicted;
- led the investigation in the wrong direction;
- actually affected the court’s final decision;
- caused any other specific harm to the administration of justice.
According to the established case law of the Supreme Court of Georgia, it is irrelevant whether the underlying case ultimately resulted in an acquittal or a conviction. The decisive issue is whether the witness’s or victim’s account was intentionally false.
This approach was reiterated in the judgment of the Supreme Court of 4 December 2025. The Court stated that, when assessing the provision of false information, the resulting outcome is irrelevant because the offense is a formal offense (Case No. 742აპ-25).
Does the Acquittal of the Accused Mean That the Witness Lied?
No. An acquittal in the underlying case does not, by itself, mean that the victim or a prosecution witness gave false testimony.
An acquittal may be based, among other grounds, on the following:
- the prosecution evidence is insufficient;
- an unresolved doubt remains;
- evidence has been declared inadmissible;
- a necessary element of the offense has not been proved;
- the prosecution has failed to satisfy the standard of proof established by law.
The fact that the court did not accept a witness’s testimony does not automatically establish that it was false. In a false-testimony case, both the objective falsity of the information and the witness’s direct intent must be proved independently.
Does a Conviction Mean That a Witness Who Gave Contradictory Testimony Is Guilty?
A conviction also does not automatically provide grounds for imposing liability on every witness whose testimony was inconsistent with the circumstances established by the court.
The decision in the underlying case may have significant evidentiary value, particularly where the court has assessed the credibility of the witness’s testimony in detail. Nevertheless, a false-testimony case still requires a separate determination of:
- precisely which information was false;
- whether the witness knew the truth;
- whether the witness acted with direct intent;
- whether these circumstances have been proved beyond a reasonable doubt.
What Penalty Is Prescribed for Giving False Testimony?
Under paragraph 1 of Article 370 of the Criminal Code of Georgia, obstructing the administration of justice by providing false information or giving false testimony as a person being interviewed, witness, or victim is punishable by imprisonment for up to four years.
If the same act is committed for financial gain or another personal motive, it is punishable by imprisonment for a term of two to six years.
If false information or testimony is provided in a criminal case in which the accused person is charged with a serious or particularly serious offense, the act is punishable by imprisonment for a term of three to seven years.
For this aggravating element, the relevant issue is the category of the offense with which the person was charged in the case in which the false information was provided. It is not necessary for that person ultimately to be convicted of that same serious or particularly serious offense in the underlying case.
Repeated commission of an act prescribed by paragraph 1 or paragraph 3 of Article 370 of the Criminal Code is punishable by imprisonment for a term of four to eight years.
False Testimony and False Accusation
False testimony must be distinguished from a false accusation.
In the case of a false accusation, a person knowingly provides the competent authority with incorrect information about the commission of an offense—for example, by falsely accusing a specific person of committing the offense. Liability for such conduct is prescribed by Article 373 of the Criminal Code.
In the case of false testimony, a person who already has the status of a person being interviewed, a witness, or a victim in an ongoing investigation or court proceeding provides the justice system with intentionally false information.
In a particular case, the distinction between these two offenses depends on the content of the information, the stage at which it was provided, the person’s procedural status, and their intent.
Conclusion
To hold a witness criminally liable for giving false testimony, it must be established that:
- the information was provided in the course of an investigation or court proceedings;
- the witness was properly warned of the obligation to tell the truth and the potential liability;
- the specific information provided by the witness objectively did not correspond to reality;
- the information concerned a circumstance relevant to the case;
- the witness knew the information was false and acted with direct intent;
- these circumstances are established by the totality of evidence beyond a reasonable doubt.
The outcome of the underlying criminal case—an acquittal, a finding of guilt, modification of the charge, or termination of the case—neither proves nor excludes false testimony by itself. The decisive issue is not the final outcome of the underlying case but whether the witness knowingly provided the investigation or the court with information contrary to the truth known to them.