“Crimen Falsi” or Crime of Deceit

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A particular category of crime has caught our interest of late; we thought we’d talk about that in this article. It is called “crimen falsi”. Literally, it means crime of falsehood or crime of deceit. Specifically, today we shall study laws that apply to perjury and fabrication of evidence. Our focus is the existing criminal code in Canada which has one of the toughest laws on crimes involving deceit. Why we think this is an interesting topic, we shall soon find out.

Let’s begin with definitions.

What is perjury?

Ref: http://laws-lois.justice.gc.ca/eng/acts/C-46/section-131.html

So, if a person KNOWINGLY MAKES A FALSE STATEMENT UNDER OATH OR SOLEMN AFFIRMATION, WITH INTENT TO MISLEAD, he is said to have committed perjury. Under Canadian law, PERJURY IS A SERIOUS OFFENSE.

Punishment for Perjury

Ref: http://laws-lois.justice.gc.ca/eng/acts/C-46/section-132.html

FOURTEEN YEARS!  We say that’s serious enough!

What about when one fabricates evidence? Let’s see what the law says about that.

Ref:  http://laws-lois.justice.gc.ca/eng/acts/C-46/section-137.html

So when ONE FABRICATES EVIDENCE AND ACTUALLY USES THE SAME IN A JUDICIAL PROCEEDING to sway the decision of the court in his favor, that person is said to be GUILTY of an INDICTABLE offense as well. Note the gravity of the offense is just as severe as for perjury, with BOTH CRIMES PUNISHABLE FOR UP TO FOURTEEN YEARS!

Canada’s Zero Tolerance for Liars and Deceivers

Indeed, Canadian courts consider perjury and fabricating of evidence to be very serious offenses. Providing false testimony, lying under oath, and presenting untruthful (or worse, self-fabricated) evidence are a major upfront to a system designed to administer justice fairly. The severity of the punishment for both crimes – IMPRISONMENT OF UP TO FOURTEEN YEARS – is a reflection of the CANADIANS’ ZERO TOLERANCE FOR LIARS AND DECEIVERS, especially those who intentionally set out to deceive judges and make a mockery of their justice system! Whether the terms are to be served sequentially for each offense for someone convicted of both perjury and fabricating evidence is a matter for the Canadian court and law to decide.

Now this next part is what we want to call your attention to.

Statute of Limitations

Let’s start with a definition of the term. What is statute of limitations?

Ref: http://legalbeagle.com/7164951-statute-limitations-canada.html

In layman’s terms, statute of limitations defines for how long a lawsuit may be brought against a person after an offense is committed. This usually varies by offense.

Specifically, what is the Statute of Limitations on Perjury and Fabricating of Evidence in Canada?

Ref: http://www.lawyers.ca/international/students/discussiondetail.asp?ID=40&Law=Criminal&T1=limitation+period

In Canada, THERE IS NO STATUTE OF LIMITATIONS FOR INDICTABLE OFFENSES.  If a crime is serious enough to be considered an “indictable offense”, which perjury and fabricating of evidence are (as we saw above), then there is no time limit on how long authorities have after a crime is committed to commence a criminal proceeding.

Time never expires for serious offenses in Canada

This is the important takeaway from the above:

In Canada, for indictable offenses such as perjury and fabricating evidence, there is no specific time limitation on when a person may be charged for the crime. If evidence can be shown that proves that a person has purposely lied under oath, in court or in a sworn testimony, knowingly made a false declaration, or fabricated evidence, or knowingly used fabricated evidence, thereby causing MATERIAL INJURY TO THE ADMINISTRATION OF JUSTICE, the accused can be indicted for the crime, regardless how many years have passed since the crime was committed.

The original case affected by the perjured testimony or fabricated evidence will be revisited and whatever benefit was directly granted, or subsequently derived, from the judgment that was previously rendered may be REVOKED. Not only that but, as we have learned, Canadians do not take kindly to those who willfully and intentionally mislead the court and pervert the course of justice. Perjurers face possible jail time of up to 14 years, or if it involves an immigration case, the accused, if proven guilty, may be deported back to his home country, even after he has already acquired Canadian citizenship. What this means is that the threat of deportation will forever loom over someone who has committed perjury or fabricated evidence in his application for legal status in Canada.

Why are we talking about perjury and fabricating evidence? Did anyone commit these offenses in Canada?

All we can say at this time is… the guilty party/ies and their close associates know exactly what crime they’ve committed  — when, where, and exactly how.  AND SO DO WE…

In God’s time and in His own way, those crimes will be revealed. Let us trust in God to set things aright. For it is written:

“Stop acting so proud and haughty! Don’t speak with such arrogance! For the Lord is a God who knows what you have done; he will judge your actions.  (1 Samuel 2:3 NLT)

Everyone who is arrogant in heart is an abomination to the Lord; be assured, he will not go unpunishedPride goes before destruction, and a haughty spirit before a fall.” (Proverbs 16:5, 18 ESV)

 

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