A false complaint is a crime that consists of falsely imputing a series of facts to a person that, if true, would be a criminal offense.
In order to prosecute this crime of false accusation or false accusation, the judicial authority that heard the falsely accused criminal offense must have issued a firm judicial resolution of dismissal or filing.
False claim example
A person denounces another that an object has been stolen and after the corresponding investigation it is concluded that there are no indications that the reported crime has been committed. In this case, when the investigating judge dictates the file of the case, it is when the prosecution of the crime of false accusation can begin.
The Judge or Court itself that issues this file resolution may proceed ex officio against the person who filed the false complaint, or, where appropriate, the person who was falsely denounced may also prosecute him.
Regulation of the crime of false accusation
This type of crime is described in article 456 of the Spanish Penal Code. The punishment provided for this crime depends on the seriousness of the crime that has been falsely charged.
Penalties for the crime of false accusation
Next, we expose the penalties that exist for this type of crime according to article 456 of the Penal Code:
- Prison sentence of 6 months to 2 years and a fine of 12 to 24 months, if a serious crime is incriminated.
- Penalty of a fine of 12 to 24 months, if a less serious crime is charged.
- Penalty of a fine of 3 to 6 months, if a minor crime is charged.
Requirements of the crime of false reporting
- An imputation of specific facts directed against a specific person.
- That these facts, if true, are criminally illegal.
- That the accusation is false.
- Complaint before an authority with an obligation to act.
- Criminal intent, that is, awareness that the denounced fact is criminal and false and that bad acts are premeditated.
What is the difference between simulation of crime and false accusation?
In the crime of simulation, a specific person is not charged for the commission of the crime (the perpetrator is unknown), while the false complaint is filed against a specific person blaming him for the commission of a crime, knowing that he is not. .
If you have been falsely reported and want revenge, call us.