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Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 5912 (2026)

 Effect of prior convictions.

✓ current as of May 2026
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§ 5912.  Effect of prior convictions.

No person shall be deemed incompetent or otherwise disqualified as a witness in any criminal proceeding by reason of the person's having been convicted of perjury or subornation of or solicitation to commit perjury, but such conviction may be shown for the purpose of affecting the person's credibility.

(Apr. 22, 1993, P.L.2, No.2, eff. imd.)

 

1993 Amendment.  Section 2 of Act 2 provided that the amendment of section 5912 shall apply to all criminal cases pending on the effective date of Act 2.

Notes of Decisions
Cited in 9 cases, 1979–2000 · leading case: Commonwealth v. Zdrale, 608 A.2d 1037 (Pa. 1992).
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Commonwealth v. Zdrale, 608 A.2d 1037 (Pa. 1992). · cites it 12× “Under 42 Pa.C.S. § 5912, which provides for the exclusion of testimony from convicted perjurers, Smith was incompetent to testify.”
Commonwealth v. Scarfo, 611 A.2d 242 (Pa. Super. Ct. 1992). · cites it 4× “Next, Lawrence Merlino claims ineffective assistance of counsel for failure to object to the competency of Thomas DelGiorno as a witness under the Disqualification Act, 42 Pa.C.S. § 5912. Merlino alleges DelGiorno's incompetence due to DelGiorno's previous conviction under the…”
Commonwealth Ex Rel. Baldwin v. Richard, 751 A.2d 647 (Pa. 2000). · cites it 2× “[13] The crime was defined in 18 U.S.C. § 1341 , which provides for a maximum penalty of a $1,000 fine or 5 years imprisonment or both.”
Commonwealth v. Zdrale, 579 A.2d 1309 (Pa. 1990). · cites it 5× “Appellant also claims that the statements were inadmissible under 42 Pa.C.S. § 5912. Mr. Smith was a convicted perjurer and under 42 Pa.”
Fuselier v. State, 702 So. 2d 388 (Miss. 1997). “"); 42 Pa. Cons. Stat. Ann. § 5912 ("No person shall be deemed incompetent or otherwise disqualified as a witness in any criminal proceeding by reason of the person's having been convicted of perjury or subornation of or solicitation to commit perjury, but such conviction may be…”
Commonwealth v. Trudell, 538 A.2d 53 (Pa. 1988). · cites it 2× “42 Pa.Cons.Stat.Ann. §§ 5912, 5922 (Purdon 1982).”
Commonwealth v. Munchinski, 585 A.2d 471 (Pa. Super. Ct. 1990). “Appellant failed to establish sociopathic behavior or perjury on the part of Bowen and the Commonwealth’s prior knowledge of his perjury.”
Commonwealth v. McCloskey, 411 A.2d 1239 (Pa. Super. Ct. 1979). “By Cristy’s own admission, he had lied during the recantation hearing held in conjunction with appellant’s post-trial motions, and it is entirely possible that the presiding judge detected those lies from Cristy’s demeanor.”
Eric Fuselier v. State of MS (Miss. 1995). “"); 42 Pa. Cons. Stat. Ann. § 5912 ("No person shall be deemed incompetent or otherwise disqualified as a witness in any criminal proceeding by reason of the person's having been convicted of perjury or subornation of or solicitation to commit perjury, but such conviction may be…”
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