UCMJ Article 131a
Subornation of Perjury
The Manual for Courts-Martial states any service member may be subject to prosecution if they induce and procure another person to:
- take an oath; and
- falsely testify, depose, or state upon such oath;
while meeting the additional conditions of:
- The oath is administered with respect to a matter for which such oath is required or authorized by law.
- The oath is administered by a person having authority to do so.
- Upon the oath, the other person willfully makes or subscribes a statement.
- The statement is material.
- The statement is false.
- When the statement is made or subscribed, the person subject to this chapter and the other person do not believe that the statement is true.
In order to be prosecuted for subornation of perjury, the prosecution must demonstrate that:
- the accused induced and procured a certain person to take an oath or its equivalent and to falsely testify, depose, or state upon such oath or its equivalent concerning a certain matter;
- the oath or its equivalent was administered to said person in a matter in which an oath or its equivalent was required or authorized by law;
- the oath or its equivalent was administered by a person having authority to do so;
- upon the oath or its equivalent said person willfully made or subscribed a certain statement;
- the statement was material;
- the statement was false; and
- the accused and the said person did not then believe that the statement was true.
Understanding Article 131a (Subornation of Perjury) of the UCMJ
Subornation of perjury differs from standard perjury due to it being applied to the individual who influence, persuade, or cause another person to commit perjury.
Maximum Possible Punishment for Violations of Article 131a
Service members convicted of a violation of Article 131a face a maximum possible punishment of a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
How do you defend against Article 131a Subornation of Perjury charges?
When you are facing the combined resources of the military as well as the current cultural climate, you need to be prepared to defend your career and your freedom. Crisp and Associates, LLC has a team of experienced trial attorneys, with more than 75 years of combined experience, who have won these types of cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected and sought-after attorney, speaker, and lecturer, who has served in the U.S. Army Judge Advocate General’s Corps (JAG) since 1998 and entered private practice in 2007.
If you, or someone you know, is facing Article 131a charges for Subornation of Perjury, you need to speak with a Military defense attorney right away. We understand what is at risk, and we know how to protect your career, your freedom, and your future. Please call Crisp and Associates Military at 888-258-1653 for a free consultation.
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