UCMJ Article 134 – Subornation of Perjury

This enumerated offense under Article 134 punishes service members who persuade, induce, or procure another person to commit perjury. Because the military justice system depends on truthful testimony, attempting to corrupt witnesses undermines fairness, discipline, and the credibility of the armed forces. Subornation of perjury is considered just as serious as committing perjury under Article 131.

Key Elements

The prosecution must prove:

  1. That another person committed perjury.
  2. That the accused procured, persuaded, or induced that person to commit perjury.
  3. That the accused knew or believed the testimony would be false.
  4. That, under the circumstances, the conduct was prejudicial to good order and discipline or was of a nature to bring discredit upon the armed forces.

Scope and Application

This offense covers:

  • Encouraging a witness to testify falsely at a court-martial.
  • Persuading another service member to give a false sworn statement during an investigation.
  • Inducing subordinates to conceal facts or misrepresent evidence under oath.
  • Arranging false affidavits or depositions with knowledge of falsity.

The key distinction is that the accused must knowingly cause another to commit perjury. Mere coaching of testimony or lawful witness preparation is not wrongful.

Punishment

  • Maximum punishment: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 5 years.

Defenses

Possible defenses include:

  • No perjury occurred: If the witness did not actually commit perjury.
  • Lack of knowledge: If the accused did not know the testimony would be false.
  • Lawful witness preparation: Advising a witness to tell the truth is not subornation.
  • Insufficient proof: If the government cannot prove persuasion or inducement.

Examples

If a soldier convinces a fellow service member to lie under oath about their whereabouts, Article 134 applies. If a Marine persuades a subordinate to give a false sworn statement to investigators, it qualifies. If an airman arranges for a false affidavit in a disciplinary case, it is punishable. Conversely, if a sailor merely advises a witness to testify truthfully, it is not wrongful.

Conclusion

Article 134 subornation of perjury charges protect the integrity of the military justice system. By punishing those who attempt to corrupt testimony, the UCMJ ensures that courts-martial and investigations remain fair, accurate, and credible.

Frequently Asked Questions

1. How is subornation of perjury different from perjury itself?
Perjury punishes lying under oath, while subornation punishes causing another to lie under oath. Both threaten justice, but subornation focuses on inducement or persuasion. The law treats both as serious offenses.

2. What is required for conviction?
Proof that perjury actually occurred and that the accused knowingly caused it. Without actual false testimony, subornation is not complete. The prosecution must prove intent and causation.

3. What is the maximum punishment?
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 5 years. This punishment reflects the seriousness of corrupting witness testimony.

4. Can lawful witness preparation be mistaken for subornation?
No. Advising a witness to tell the truth, review records, or refresh memory is lawful. Subornation requires knowingly persuading a witness to testify falsely.

5. Does subornation require success?
Yes. The witness must actually commit perjury. If they refuse or testify truthfully, the offense may instead fall under attempted subornation, punishable under Article 80.

6. Can subornation occur outside courts-martial?
Yes. It applies to any lawful sworn testimony, including Article 32 hearings, depositions, affidavits, and investigations. All sworn testimony is protected.

7. What if the accused believed the testimony was true?
If the accused genuinely believed the testimony was true, liability may not apply. The prosecution must prove knowledge or belief that the testimony was false.

8. Can multiple people be guilty of subornation for the same perjury?
Yes. If more than one person induces a witness to lie, all can be guilty. Responsibility attaches to anyone who knowingly persuades or procures perjury.

9. How does subornation affect military discipline?
It undermines the fairness of trials, damages trust in the justice system, and discredits the armed forces. The offense is punished to preserve discipline and credibility.

10. Why does the military treat subornation so harshly?
Because justice depends on truth. Corrupting witnesses endangers the entire system of accountability. Strict punishment deters misconduct and protects fairness.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 934, Article 134 (Subornation of Perjury)
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0166
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Tunstall, 72 M.J. 191 (2013)
  • Military Attorney Joseph L. Jordan, Articles of the UCMJ web page

This content is for informational purposes only. If you are facing issues related to Article 134 or any other UCMJ provision, you should consult a qualified military attorney.

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