False Accusation (Art. 456 CP): Consequences and Defence in Spain
In this article
Key Takeaways
- Procedural Bad Faith
- Malicious Imputation
- Moral Damages
A false accusation (Art. 456 CP) consists of falsely imputing to a specific person facts that, if true, would constitute an offence, done with knowledge of their falsity or reckless contempt for the truth; it requires proof of specific criminal intent (dolo), so a dismissal or acquittal is not enough. It differs from crime simulation (Art. 457 CP), where the person invents being the victim of an act by an unknown perpetrator without pointing to a specific third party. Penalties for a false accusation range from a fine of 3 to 6 months (minor offence) to prison of 6 to 24 months and a fine of 12 to 24 months (serious crime).
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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 offence, 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 offence 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 in insurance fraud through a simulated claim), 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, defence expenses, and reputational harm suffered.
Frequently asked questions
What is the crime of false accusation?
It consists of falsely imputing to a specific person facts that, if true, would constitute a criminal offence, done with knowledge of their falsity or reckless contempt for the truth (Art. 456 CP).
Is it enough that I was acquitted to have the person who accused me convicted of a false accusation?
No. A dismissal or acquittal is not enough: specific criminal intent (dolo) must be proven, meaning that the accuser knew from the very first moment that the facts were a lie.
What are the penalties for a false accusation?
If a serious crime is imputed, prison of 6 to 24 months and a fine of 12 to 24 months; if less serious, a fine of 12 to 24 months; if minor, a fine of 3 to 6 months.
How does it differ from crime simulation?
In crime simulation (Art. 457 CP), a person invents having been the victim of an act by an unknown perpetrator; in a false accusation, a direct attack is made on the honour, freedom and assets of a specific, innocent third party.
Can I claim compensation if I was falsely accused?
Yes. In addition to the criminal conviction, civil liability can be claimed to compensate for moral damages, defence costs and reputational harm suffered.
Do you need criminal defense in this area?
We are criminal defense lawyers specializing in false accusation. We act urgently to protect your rights.