SUBORNATION. - It is the crime that consists in inducing witnesses or experts, by gifts, promises, or in any other manner, to give false testimony or a false expert opinion (can. 1755 § 3).
The active subject of the crime may be anyone, including the accused or the person offended by the crime, or even a witness. The material element consists in the promises, the gifts, or any other advantage that can bring about an improvement in the situation of the person who allows himself to be suborned (the modes of s. are in fact indicated in the cited canon demonstrative). By whatever means, however, the s. takes place, it is required that the crime be consummated (can. 2228); which occurs as soon as the promise or offer has been made, effectu secuto. In Roman law, if the suborned person had been a testis ad offensam and his false testimony had produced its effect, the crime of s. was punished, like false testimony, with the penalty of retaliation (L. Ferraris, Prompta bibliotheca, VI, Rome 1890, p. 243). In the law before the CIC, s. was punished with various penalties, such as infamy, excommunication (c. 20, C. XXIV, q. 3), suspension (c. 17, X, I, 11) and other penalties, according to the circumstances (2 C. XXXIII, q. 1; 9, X, X, II, 21; Conc. Trid., sess. XIII, cap. 7 de ref.).
The aforesaid penalties were determined and unified by the norms of the CIC which, in can. 1755 § 3, punishes s. like falsehood in depositions, in accordance with can. 1743 § 3. The penalty therefore will be temporary removal from legitimate ecclesiastical acts and, if there had been an oath, a layperson will be struck with interdict, a cleric with suspension.
It must be borne in mind, however, that in order to incur the above penalty, full imputability is required (can. 2229 § 2), since in canon 1755 § 3 there is the verb praesumpserit. Nevertheless, although the attempt at corruption may not have achieved its objective or may have been carried out more out of levity of mind than out of a true and complete will to commit a crime, if from circumstances of fact or of persons (for example, if it was a cleric who dared to corrupt), scandal has arisen, proceedings may be taken in accordance with can. 2222.
S. in the Italian Penal Code - in which, on the matter, a substantial difference from the old Zanardelli Penal Code is noted - is subject to the penalties established in arts. 372, 373 for false testimony, expert opinion, interpretation; it is therefore punished with imprisonment from six months to three years, reduced by one half to two thirds, where the offer or promise has not been accepted or the falsehood has not been committed. The conviction entails disqualification from public offices (art. 377).
Bibliography3 works
Innocenzo Parinella