False Accusation (Art. 456 CP): Consequences and Defense in Spain

A false accusation, typified in Article 456 of the Criminal Code, is one of the crimes against the Administration of Justice with the greatest legal and reputational consequences. It consists of falsely imputing to a specific person facts that, if true, would constitute a criminal offense, provided it is done with manifest contempt for the truth or bad faith.

When is the crime of false accusation committed?

It is not enough for a complaint to end in dismissal or acquittal (in dubio pro reo). To be convicted of a false accusation, specific criminal intent (dolo) must be proven: that is, the complainant was fully aware that the facts they related were a lie from the very first moment.

Applicable Penalties

• If a serious crime is imputed: Prison from 6 to 24 months and a fine from 12 to 24 months.
• If a less serious crime is imputed: Fine from 12 to 24 months.
• If a minor offense is imputed: Fine from 3 to 6 months.

Difference from Crime Simulation

Unlike mere Crime Simulation (Art. 457 CP), where one invents having been the victim of an assault by an unknown perpetrator (very common for insurance fraud), in a false accusation, a direct and malicious attack is made on the honor, freedom, and assets of a specific innocent third party.

Legal Strategy: What to do if you are falsely accused?

If you have been the victim of a false accusation, it is essential not only to achieve dismissal or acquittal in the main proceedings but subsequently to initiate a criminal complaint under Art. 456 CP. In addition to the criminal conviction, we will request Civil Liability to compensate for moral damages, defense expenses, and reputational harm suffered.