Art. 14 Oath or affirmation in criminal proceedings; witness

Before someone testifies in a criminal case, they have to promise to tell the truth. Normally this is done through a sworn oath, but the law also allows a person to simply affirm instead of swearing an oath. This matters for people who have religious or personal objections to swearing oaths. An affirmation carries the exact same legal weight as an oath, so a witness who affirms is just as bound to tell the truth as someone who swears.

The point of this rule is to make sure every witness understands they have a serious duty to be honest before they speak in court. Whether someone swears or affirms, the promise has to be made in a way that makes the person really think about their responsibility to tell the truth. Courts can word the oath or affirmation in whatever way helps get that message across, as long as it does its job of reminding the witness how important truthful testimony is.

If a witness lies after taking this oath or affirmation, they can face the same legal consequences either way, including charges for perjury. The law treats sworn statements and affirmed statements exactly the same, so no one gets special treatment based on which option they choose.