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Drept consecință, infracțiunile de mărturie mincinoasă nu sunt pedepsibile în dreptul german în contextul executării Ordinului european de anchetă

Furthermore, the German criminal law was not adjusted in regard to the Directive and thus does not take the necessary measures to ensure that, where a person is being heard within the German territory and refuses to testify or does not testify the truth, the German law applies in the same way as if the hearing took place in the national procedure. As a consequence, the offences of false testimony and false oath are not punishable under German law in the context of an EIO execution.

Dagna Knytel
(Evidence Gathering in the European Union: The Transposition of Directive 2014/41/EU into French and German Legislation, EuCLR European Criminal Law Review, vol. 10, 2020, la p. 76)

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