Perjury should be uttered in a court of law. Therefore uttering a false testimony outside a court of law or a place that cannot be qualified as court of law, is not perjury.
Testimony should be uttered in the presence of juridical authorities.
Therefore if one who hears the testimony is not qualified, the testimony is not eligible and can’t be referred to clause number 650 of Islamic Penalty Law.
• Conditions of Prosecution
Perjury should be proved and sentenced in a competent court of law.
According to the current Penalty regulations, it is not a crime not to testimony or to revoke one.
A false testimony will revoke the sentence and any sentence or judgment that is made according to it.
If one is convicted according to a perjury, should be acquitted and if not possible, the false witness should pay compensation.
Though it is not said in clause number 650 of Islamic Penalty Law, but due to Civil Liability, when someone causes damage to other, they should compensate it. Therefore the false witness should compensate the injured party. (restitutio in integrum.)
It is said in clause number 201 of General and Revolutionary Courts Procedure, if the court summons one with a subpoena and ask them to testimony about a matter in court, and then it is proved that the witness has committed perjury, whether it is against or in favor of one of the parties, in addition to being sentenced for perjury, if the false testimony have caused damage, the witness is sentenced to pay a fine.
• Legal effects of perjury
Penalty: imprisonment from 3 months and 1 day to two years or compensation from 500 thousands Rial to 12 million Rial. (Clause No. 650 of Islamic Penalty Law.)
Perjury causes revocation of the sentence and any judgment that is made accordingly.
When someone causes damage to other, they should compensate it. Therefore the false witness should compensate the injured party. (restitutio in integrum.)
In criminal affairs, perjury is one of the reasons to ask for appeal.
If the witness lies under oath and it can be proved to the court, in addition to the penalty of perjury, the witness is sentenced because of lying under oath.
