False testimony. Acquittal. Unlawful hearing as a witness in his/her own case. Consequences of guaranteeing the right to silence provided for under art. 83 letter a) of the Code of criminal procedure

DREPT PENAL ȘI PROCESUAL PENAL

Abstract

Under the circumstances in which, declaring the truth inadequately, the defendant intended not to self-incriminate, his act did not meet the specificity elements of the offense of false testimony in terms of the subjective side. On the other hand, by the statement given, regarding even his own action of buying psychoactive substances, the defendant simply defended his right not to self-incriminate, guaranteed under Art. 6 of the European Convention of Human Rights, and he could not suffer any criminal consequence in this respect (see para. 45 Case McGuinness v. Irland).