Legal Definitions - ob metum perjurii

Ob metum perjurii is a legal principle, primarily found in Scots law, which translates from Latin to "on account of the fear of perjury." It describes a situation where an individual's actions, statements, or decisions are influenced or compelled by a genuine apprehension of either committing perjury (lying under oath) or being falsely accused of perjury.

Perjury is the offense of willfully telling an untruth or making a misrepresentation under oath. Therefore, ob metum perjurii refers to a state of mind where the fear of the legal consequences of lying under oath, or the fear of being wrongly accused of doing so, impacts someone's conduct.

• Example 1: Witness Reluctance

  Imagine a key witness in a complex corporate fraud trial. This witness possesses crucial information that could implicate powerful executives. However, they are hesitant to provide full and detailed testimony, not because they want to protect the executives, but because they fear that any minor inaccuracy or misremembered detail in their lengthy and intricate account could be seized upon by defense attorneys to accuse them of perjury, leading to their own legal troubles. Their reluctance to fully disclose everything, despite knowing the truth, is influenced ob metum perjurii.

• Example 2: Plea Bargain Decision

  A person accused of a minor offense, who genuinely believes they are innocent, might be offered a plea bargain to a lesser charge. Despite their innocence, they might choose to accept the plea rather than go to trial and testify in their own defense. Their decision could be driven by ob metum perjurii, as they fear that a jury might not believe their testimony, and if found guilty, they could then face additional charges of perjury for having testified under oath that they were innocent.

• Example 3: Affidavit Submission

  A professional is asked to sign a detailed affidavit (a sworn written statement) about a series of events that occurred several years ago. While they recall the general facts, some specific dates and minor details are hazy. They might intentionally omit certain minor details or phrase statements very cautiously, not to deceive, but because they are genuinely afraid that if any small detail they state turns out to be inaccurate, they could be accused of perjury for making a false sworn statement. Their carefulness or omission is a direct result of ob metum perjurii.