Mississippi Code

Miss. Code Ann. § 71-5-141 (2026)

[Repealed effective 7/1/2027] Protection against self-incrimination

✓ current as of July 2026

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No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda and other records before the department, the Board of Review, any referee, or any duly authorized representative of any of them, or in obedience to the subpoena of any of them in any cause or proceeding before the department, the Board of Review or an appeal tribunal, on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.

Codes, 1942, § 7417; Laws, 1940, ch. 295, § 9; Laws, 1948, ch. 412, § 6l; Laws, 1952, ch. 383, § 4l; Laws, 1958, ch. 533, § 6l; Laws, 1962, ch. 564, § 3l; Laws, 2004, ch. 572, § 31; reenacted without change, Laws, 2008, 1st Ex Sess, ch. 30, § 31; reenacted without change, Laws, 2010, ch. 559, § 30; reenacted without change, Laws, 2011, ch. 471, § 31; reenacted without change, Laws, 2012, ch. 515, § 31, eff. 7/1/2012.

Reenacted without change by Laws, 2023, ch. 510, SB 2810,§ 33, eff. 4/17/2023.

Amended by Laws, 2019, ch. 451, SB 2133,§ 58, eff. 4/3/2019.

Reenacted without change by Laws, 2019, ch. 451, SB 2133,§ 31, eff. 4/3/2019.

Notes of Decisions

Cited in 2 cases, 2001–2002 · leading case: Mississippi Emp. Sec. Com'n v. Jones, 826 So. 2d 77 (Miss. 2002).

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Mississippi Emp. Sec. Com'n v. Jones, 826 So. 2d 77 (Miss. 2002). “Though Miss. Code Ann. § 71-5-141 states that "[n]o person shall be excused from attending or testifying[,]" we will not allow a presumption of fraudulent intent when an employee fails to participate.”

Mississippi Emp. Sec. Comm'n v. Donny E. Jones (Miss. 2001). “Though Miss. Code Ann. § 71-5-141 states that "[n]o person shall be excused from attending or testifying[,]" we will not allow a presumption of fraudulent intent when an employee fails to participate.”

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