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un faux témoignage

English translation: false testimony

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:un faux témoignage
English translation:false testimony
Entered by: claudiabi
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19:47 Apr 23, 2008
French to English translations [PRO]
Law/Patents - Law (general) / attestation légale
French term or phrase: un faux témoignage
Sachant qu'un faux témoignage m'expose à des sanctions pénales

knowing that a perjury will expose myself to penal sanctions (?)

je crois qu'en anglais on transformerait plutôt le substantif avec une forme sujet+verbe : ex. Knowing that if I give false testimony I will run into penal sanctions.

merci
claudia
claudiabi
Local time: 06:14
false testimony
Explanation:
You've answered your own question as far as I'm concerned and need look no further.

FALSE TESTIMONY - Testimony is "false" if it was untrue when it was given and was then known to be untrue by the witness or person giving it. A statement contained within a document is false if it was untrue when used and was then known to be untrue by the person using it.
http://www.lectlaw.com/def/f015.htm

The appropriate conduct depends on the circumstances facing the lawyer when he or she learns of the proposed false testimony: ...
www.mass.gov/obcbbo/false.htm

The Senate acquitted him on the false testimony charge as cause to remove him from office by a vote of 55 not-guilty votes to 45 guilty votes. ...
en.wikipedia.org/wiki/Perjury

Watchtower Teaches Youngsters To Give False Testimony in Court. by David Reed. When Jehovah's Witnesses go to court in a child custody case, they and their ...
www.freeminds.org/psych/youthlie.htm
[Hmm, don't they know about Commandment No. 9, "Thou shalt not bear false witness"?]

After the jury returned a guilty verdict, appellant's counsel discovered that Dr. Dietz had given false testimony. The producer of "Law & Order" spoke to ...
www.masspsy.com/columns/0502_ne_stern.html

Knowing that false testimony may result in penal sanctions being made against me ... Not to mention burning in hellfire.


--------------------------------------------------
Note added at 2 hrs (2008-04-23 22:11:58 GMT)
--------------------------------------------------

Bref, no article. And the same would apply to "perjury" if you wished to use that, if there is not a difference between the two.

--------------------------------------------------
Note added at 2 hrs (2008-04-23 22:24:46 GMT)
--------------------------------------------------

This implies that they are two different things:

The 55-45 roll call by which the Senate voted to reject the article of impeachment alleging that President Clinton COMMITTED PERJURY AND PROVIDED FALSE TESTIMONY before a grand jury with regard to the Paula Jones's sexual harassment lawsuit and his relationship with Monica Lewinsky.
http://www.washingtonpost.com/wp-srv/politics/special/clinto...

And this confirms it:
Views of perjury have differed throughout history. The interpretation of perjury in the US is that it is an INTENTIONAL FALSE STATEMENT and that it MUST BE IN REALTIONSHIP TO THE JUDICIAL PROCEEDINGS. It also is seen as basically a matter of criminal, rather than civil, law
[ ... ] To be guilty of PERJURY, one must GIVE FALSE TESTIMONY KNOWINGLY AND WILLFULLY on a matter that is MATERIAL TO THE JUDICIAL PROCEEDING. That is, both intentionality and materiality are essential aspects of the crime. A person who unintentionally makes a false statement under oath, whether through ignorance of the truth or through an honest mistake, is not guilty of perjury. Nor is a person guilty of perjury if he deliberately makes false statements on matters that are unrelated to the judicial proceeding; to constitute perjury, the false testimony must be germane to the case.
http://www.encyclopedia.com/doc/1G1-55439530.html

So if I believe a white car knocked down the old lady when in fact it was a red car, I am giving false testimony but am not guilty of perjury. If I say it was a white car because I know you were driving the red car that hit her, I am giving false testimony but am also guilty of perjury. That'll be 5000 euros please ...

The question is: is the same distinction made in French law? In which case "faux témoignage" ALONE would NOT expose one to penal sanctions. What is the context?

Maybe the person THINKS that false testimony could put him in prison and therefore prefers to say nothing in case it turns out he is wrong (that actually wouldn't surprise me under the French legal system and would explain why people generally ignore crime around them and carry on as if nothing happened). As opposed to KNOWING he is wrong because he is deliberately inventing. In which case I don't understand why the person is spelling it out.

More context needed.
Selected response from:

xxxBourth
Local time: 06:14
Grading comment
thanks
claudia
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +3false testimonyxxxBourth
4 +2a perjury1045
4 +1false evidence
Eutychus
4perjury (by a witness); false evidence (when given by a witness not under oath)
Conor McAuley
4for info
Graham macLachlan
3Knowing that perjury will expose me to penal sanctions
Gad Kohenov


Discussion entries: 9





  

Answers


3 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
a perjury


Explanation:
*

1045
Canada
Local time: 00:14
PRO pts in category: 30

Peer comments on this answer (and responses from the answerer)
agree  Anton Konashenok: and "sanctions pénales" is better translated as "criminal prosecution"
1 min
  -> Merci Anton ...

neutral  Attorney DC Bar: but without the 'a'. No such thing as 'a perjury'. A perjured witness. A perjury charge. Knowing that if I lie on the stand, I may be facing jail time.
3 mins
  -> Search Google for "a perjury" and you will find that 88 800 people are also wrong ...

agree  Graham macLachlan: "by a witness" apparently
52 mins
  -> Merci Graham pour votre appui et pour vos remarques au demandeur ...

neutral  juliebarba: Agree with Rufinus, I've never heard of 'a perjury' and the number of google ghits is irrelevant - that's just 88K counts of text with one or both words in it \\ de rien ;-))
12 hrs
  -> Merci pour votre opinion, Julie ...
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7 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
Knowing that perjury will expose me to penal sanctions


Explanation:
Ou bien: knowing that perjury will subject me to penal sanctions.

Gad Kohenov
Israel
Local time: 07:14
Works in field
Native speaker of: Native in FrenchFrench, Native in HebrewHebrew
PRO pts in category: 72
Login to enter a peer comment (or grade)

10 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
false evidence


Explanation:
that supplying false evidence is liable to prosecution

I agree that perjury applies exclusively under oath.

--------------------------------------------------
Note added at 29 mins (2008-04-23 20:17:06 GMT)
--------------------------------------------------

I note that while in the US perjury may apply even when not under oath ( http://en.wikipedia.org/wiki/Perjury ) this appears not to be the case in France. Perjury is A 434.13 of the Code Pénal "fait sous serment devant toute juridiction ou devant un officier de police judiciaire..." Not sure what plain and simple "faux témoignage" would be. Entrave à la justice perhaps.

Eutychus
Local time: 06:14
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 65
Notes to answerer
Asker: J'ai choisi cette version. celle de Desertfox me parait bien aussi, merci encore


Peer comments on this answer (and responses from the answerer)
agree  Graham macLachlan: "when given by an accused not under oath" according to one dico in my possession
47 mins

neutral  Robin Levey: What has 'evidence' (fr: 'preuve') to do with 'témoinage'?
3 hrs
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
false testimony


Explanation:
You've answered your own question as far as I'm concerned and need look no further.

FALSE TESTIMONY - Testimony is "false" if it was untrue when it was given and was then known to be untrue by the witness or person giving it. A statement contained within a document is false if it was untrue when used and was then known to be untrue by the person using it.
http://www.lectlaw.com/def/f015.htm

The appropriate conduct depends on the circumstances facing the lawyer when he or she learns of the proposed false testimony: ...
www.mass.gov/obcbbo/false.htm

The Senate acquitted him on the false testimony charge as cause to remove him from office by a vote of 55 not-guilty votes to 45 guilty votes. ...
en.wikipedia.org/wiki/Perjury

Watchtower Teaches Youngsters To Give False Testimony in Court. by David Reed. When Jehovah's Witnesses go to court in a child custody case, they and their ...
www.freeminds.org/psych/youthlie.htm
[Hmm, don't they know about Commandment No. 9, "Thou shalt not bear false witness"?]

After the jury returned a guilty verdict, appellant's counsel discovered that Dr. Dietz had given false testimony. The producer of "Law & Order" spoke to ...
www.masspsy.com/columns/0502_ne_stern.html

Knowing that false testimony may result in penal sanctions being made against me ... Not to mention burning in hellfire.


--------------------------------------------------
Note added at 2 hrs (2008-04-23 22:11:58 GMT)
--------------------------------------------------

Bref, no article. And the same would apply to "perjury" if you wished to use that, if there is not a difference between the two.

--------------------------------------------------
Note added at 2 hrs (2008-04-23 22:24:46 GMT)
--------------------------------------------------

This implies that they are two different things:

The 55-45 roll call by which the Senate voted to reject the article of impeachment alleging that President Clinton COMMITTED PERJURY AND PROVIDED FALSE TESTIMONY before a grand jury with regard to the Paula Jones's sexual harassment lawsuit and his relationship with Monica Lewinsky.
http://www.washingtonpost.com/wp-srv/politics/special/clinto...

And this confirms it:
Views of perjury have differed throughout history. The interpretation of perjury in the US is that it is an INTENTIONAL FALSE STATEMENT and that it MUST BE IN REALTIONSHIP TO THE JUDICIAL PROCEEDINGS. It also is seen as basically a matter of criminal, rather than civil, law
[ ... ] To be guilty of PERJURY, one must GIVE FALSE TESTIMONY KNOWINGLY AND WILLFULLY on a matter that is MATERIAL TO THE JUDICIAL PROCEEDING. That is, both intentionality and materiality are essential aspects of the crime. A person who unintentionally makes a false statement under oath, whether through ignorance of the truth or through an honest mistake, is not guilty of perjury. Nor is a person guilty of perjury if he deliberately makes false statements on matters that are unrelated to the judicial proceeding; to constitute perjury, the false testimony must be germane to the case.
http://www.encyclopedia.com/doc/1G1-55439530.html

So if I believe a white car knocked down the old lady when in fact it was a red car, I am giving false testimony but am not guilty of perjury. If I say it was a white car because I know you were driving the red car that hit her, I am giving false testimony but am also guilty of perjury. That'll be 5000 euros please ...

The question is: is the same distinction made in French law? In which case "faux témoignage" ALONE would NOT expose one to penal sanctions. What is the context?

Maybe the person THINKS that false testimony could put him in prison and therefore prefers to say nothing in case it turns out he is wrong (that actually wouldn't surprise me under the French legal system and would explain why people generally ignore crime around them and carry on as if nothing happened). As opposed to KNOWING he is wrong because he is deliberately inventing. In which case I don't understand why the person is spelling it out.

More context needed.

xxxBourth
Local time: 06:14
Native speaker of: Native in EnglishEnglish
PRO pts in category: 254
Grading comment
thanks
claudia
Notes to answerer
Asker: I think you are right, Bourth, in fact I have to keep in mind that legal texts have always latin origins, so the more literal the better thanks again to everybody


Peer comments on this answer (and responses from the answerer)
agree  B D Finch
9 mins

agree  Robin Levey: Yes. My understanding is that 'false testimony' is what leads (can lead) to a charge of 'perjury'.
1 hr

agree  Katarina Peters
3 hrs

neutral  Attorney DC Bar: How about just 'lying under oath', to keep it simple and cover all bases, in the absence of more specific context?
7 hrs
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10 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
for info


Explanation:
Perjury
The action or an act of solemnly affirming the truth of a statement that one knows to be false, spec. (Law) of wilfully giving false evidence or testimony while under oath. Also, the action or an act of taking an oath which one does not intend to keep; the violation of a promise, vow, or solemn undertaking; a breach of oath.
OED

Graham macLachlan
Local time: 06:14
Native speaker of: Native in EnglishEnglish
PRO pts in category: 298
Login to enter a peer comment (or grade)

1 day10 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
perjury (by a witness); false evidence (when given by a witness not under oath)


Explanation:
Council of Europe Legal Dictionary

: perjury (by a witness); false evidence (when given by a witness not under oath)

Conor McAuley
France
Local time: 06:14
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 82
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