Perjury? A crime? Civil Wrong? Permitted? [long, complicated challenging post]

gringosabroso

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1. Is perjury a civil wrong in the DR?
2. Is perjury a crime in the DR?
3. What is perjury, a legal term of art? Perjury - noun - ?the willful giving of false testimony under oath or affirmation, before a competent tribunal, upon a point material to a legal inquiry.? [source: www.dictionary.com].
4. By ?civil wrong? I mean that something that is prohibited by DR law, but is not considered a crime, or is not punishable by jail sentence or a fine.
5. If the answer to Q # 1 or to Q # 2 is ?yes?,
a. Has any DR ever been accused of perjury by any court or legal authority?
b. Has any DR been convicted of perjury? Ever?
Where? When? Who? What, in summary form, did his perjury consist of? What was the penalty?
6. If the answer to Q # 1 and to Q # 2 is ?no?, Does not every DR & every foreign resident enjoy the right to commit perjury when he / she chooses? Why not?
7. If the answer to Q # 1 and to Q # 2 is ?no?, Does not every DR & every foreign resident enjoy the right to lie, whether or not under oath, when he / she chooses? Why not?
8. If the answer to Q # 1 and to Q # 2 is ?no?, Does not every DR & every foreign resident enjoy the legally, recognized civil right to lie, protected by [the absence of] law, whether or not under oath when he / she chooses? Why not?
9. Is this DR civil right exercised? Frequently or occasionally? By more DR men or more DR women.
I am particularly interested in responses / posts from DR attorneys, including Atty. Guzman, & foreigners who have some experience or training in the DR justice system.
[Comment & Confession! I am a former American attorney; I have been in ?rehab? in the DR for 12+ years. However, my rehabilitation has not been successfully completed. According to my psychologist. Is this not obvious.
Thank you.
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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1. Is perjury a civil wrong in the DR? Yes.
2. Is perjury a crime in the DR? Yes. Law #202 of 1918.
3. What is perjury: "Perjurio es la afirmaci?n de un hecho falso, bajo juramento o promesa de decir la verdad; sea al declarar por ante alg?n Tribunal, Juez, funcionario u otra persona competente para recibir el juramento o la promesa; sea en cualquier documento suscrito por la persona que haga la declaraci?n, en cualquier procedimiento civil o criminal, en cualquier caso en que la ley exija o admita el juramento o la promesa."
 

Gabriela

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Dec 4, 2003
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Clarification

When (not if) a lawyer lies to you and there are no witnesses, that is not perjury? What if the lawyer prevented you from bringing a witness into the room?
 

MikeFisher

The Fisherman/Weather Mod
Feb 28, 2006
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yeap Conchman,
and anyways in the given scenario with no withnesses it would be the word of one person against the word of his lawyer, i would name such impossible to proof anything, even for a lawyer.
Mike
 

gringosabroso

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Oct 16, 2004
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Prosecutiions? Successfull Prosecutions? Perjury!

Thank you for so many responsive, rational, & related responses. Very positive. Once a lawyer, . . .
1. My original questions #d 5A & 5B asked if in living memory any DR had been prosecuted for perjury? Any where in the country? Successfully?
2. As yet, no response. May I infer that there have been no such prosceutions of a DR in the DR. Or, . . is this unfair & unjust.
3. Atty. Guzman makes an exc. & near universal point: if 1 is not under oath, lawyer or non-lawyer, 1 can not commit perjury. Any where in the [British] common law world nor in the DR.
4. Lawyers being 'untruthfull' to clients? A problem throughout the world!! Not just in the DR! Even in Shakespeare's day!
5. As a former attorney, I am reminded of a joke, somewhat disrepectfull of the legal profession:
6. "What is the difference between a lawyer & a rooster?" Ans: "The rooster clucks defiance!" Perhaps, Fri. is bad taste day in POP? Forgive me.