CRIME OF PERJURY (TPC ART. 275)

Abstract

Since the party’s oath in civil cases is a conclusive evidence that binds the court, making a false statement after the oath may jeopardize the court’s ability to correctly identify the material fact subject to the oath and thus to make a fair trial, and this situation also leads to undermine the trust of the society towards to the courthouse and the loss of rights of individuals. For the purposes of the proper functioning of the judicial proceedings, the protection of the public’s trust in it, and the establishment of justice, which is among the primary duties of the state, the legislator has made a decision both in article 287 of the repealed Turkish Penal Code No. 765 and in article 275 of the Turkish Penal Code No. 5237 in force about sanctioning the act of perjury, which can be carried out by the parties in a civil case. In this study, the crime of perjury, regulated in article 275 of the Turkish Penal Code, has been examined in line with the doctrinal views and judicial decisions about the subject by comparing with the equivalent provisions in the German, Austrian and Swiss Penal Codes.