Legal Question in Criminal Law in Illinois

''Perjury''

What are the grounds for perjury! If a witness testifies in a trial, then testifies in another trial and the story is condradictive, is that perjury?


Asked on 9/09/03, 8:52 am

1 Answer from Attorneys

Nickolas Chilivis Chilivis, Traylor & Lyon, LLC

Re: ''Perjury''

Perjury is when a person knowingly and willfully makes a false statement under oath in a judicial proceeding. The false statement must be material to the issue or point in question.

It may be evidence of perjury if someone contradicts themself under oath. However, the person must knowingly and willfully lie. Therefore, if, for example, a person does not remember the facts correctly on one occasion, but remembers them better later and the story changes, he is not guilty of perjury. He must know that he is not telling the truth.

If you desire to discuss this further, please call me at (404)942-3545.

Thanks

Nick Chilivis

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Answered on 9/09/03, 10:35 am


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