Offence against the Administration of Justice
Lawyer for offences against the Administration of Justice
Arts. 458-471 Criminal Code
This category groups together conduct affecting the very functioning of the courts: perjury by someone who lies under oath or affirmation, obstruction of justice and false accusation, and breach of a sentence or precautionary measure by someone who fails to comply with a court order.
These offences almost always arise «within» another set of proceedings — a witness who gives false testimony, a suspect who breaches a restraining order — so the defence also requires an understanding of the underlying case from which they stem.
These offences almost never stand alone: they're charged within a larger case, and a conviction here can carry as much weight as the main proceedings they stem from.
Scope of work
- Defence against allegations of perjury or false accusation
- Defence in breach-of-sentence or breach of precautionary measure cases
- Analysis of intent, which these offences require strictly
- Coordination with the defence in the underlying proceedings giving rise to the charge
When to call
- You are accused of giving false testimony in judicial proceedings
- You are accused of breaching a restraining order or another precautionary measure
- You have been reported for false accusation after withdrawing or amending an earlier complaint
Frequently asked questions
Is any inconsistency in a statement perjury?
No. Perjury requires knowingly and deliberately departing from the truth, not simply making a mistake, forgetting or expressing oneself imprecisely. Distinguishing error from intent is the core of the defence in these cases.
What happens if I breach a restraining order by mistake?
Breach likewise requires knowledge of the measure and an intention to disregard it; accidental contact, or contact consented to by both parties, raises different issues that need to be examined case by case and do not always amount to the offence.
Can my own complaint be used against me if I later withdraw it?
Withdrawing a complaint does not automatically give rise to an offence of false accusation: it must be shown that the reported facts were false from the outset and that this falsity was known at the time the complaint was made.