The witness stood before the Personal Status Court, declaring – after taking the oath – that he had attended the marriage contract between a man and a woman who were in a family dispute, confirming that he had done so in the company of another witness to the contract.
When the court asked the second witness about the matter, he surprised everyone by saying that he had not attended the council in the first place, which prompted the court to refer the first witness directly to the Public Prosecution on charges of perjury, transforming him from a witness in a personal status case into a defendant in a criminal case.
The series of surprises in the strange case before the Misdemeanor Court in Dubai was completed with the discovery that the second witness was suffering from Alzheimer’s disease, and his admission that he had completely forgotten that he had attended the marriage contract council, so the court ruled to acquit the accused.
We start from this rare claim, to address the importance of testimony in the law, as the Almighty God confirmed the sin of concealing it, in the noble verse No. 283 of Surat Al-Baqarah: “And do not conceal testimony, and whoever conceals it, his heart is sinful.”
Ibn Abbas stated that false testimony is one of the greatest sins, and concealing it is the same.
In law, testimony is considered one of the most important means of proof, so many international agreements pay special attention to witnesses and provide specific texts to protect them.
Under the umbrella of the legal protection granted to them by the legislator, it is not permissible to coerce a witness to give his testimony, as it must be issued by free will without fear or intimidation.
As much as the Emirati legislator took care to provide the necessary protection for the witness, given the importance of his role, he was keen to enact deterrent penalties for those who commit the sin of false testimony. Article (302) of the Crimes and Penal Code No. 31 of 2021 stipulates the punishment of anyone who testifies falsely before a judicial authority or body that has the authority to hear. Witnesses after taking an oath, or who denies the truth, or conceals some or all of what he knows, shall be subject to imprisonment for a period of not less than three months.
If this act occurs during the investigation or trial of a felony, the penalty shall be temporary imprisonment. If the false testimony results in a death sentence or life imprisonment, the false witness shall be punished with the same penalty.
Pursuant to the provisions of Article (303) of the same law, the witness is exempted from the previous penalties if he retracts his false testimony before the end of the investigations, and before he is informed of it, or if he retracts it before the court before ruling on the basis of the case, even with a non-final ruling.
There is no doubt that this legal text instills great awe in souls befitting the status of martyrdom that can determine human destinies and their future.
*Arbitrator and legal advisor
2023-12-23 22:05:54
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