What do family members that don't want to testify against their family members usually do ? do they face the penalty ?
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Perjury only applies to someone who actually does testify and is untruthful. A person who refuses to testify at all, when ordered to do so by a subpoena, is committing contempt of court.
It is possible, in principle, for the court to order them jailed indefinitely until they do testify (civil contempt). It is also possible for them to be prosecuted criminally afterward (criminal contempt).
Nate Eldredge
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There is a list of relatives who can refuse to testify, including spouses, children, and parents. ยง52 StPO:
The following are allowed to refuse testimony:
1 the fiancee of the accused;
2 the spouse of the accused, even if the marriage no longer exists;
2a the registered partner of the accused, even if the partnership no longer exists;
3 whoever is related or in-law in direct line, related in indirect line to the third degree, or in-law in indirect line to the second degree. (my translation)
Degrees of relationship are counted by 'counting hops.' My uncle is three degrees apart from me, me to my parents to my grandparents to the uncle.
o.m.
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They testify or they go to jail
The only privilege against incrimination that the common law recognises are self-incrimination and spousal privilege. Spousal privilege does not apply in certain cases (e.g. family law), and, in some jurisdictions, the spouse can choose to testify against their spouse and in others the privilege can only be waived by the defendant.
If you are summonsed to appear to testify then you must testify or be jailed until you do.
Dale M
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