Legal Analysis
False Testimony in Spain: What It Is and the Defence of Retraction
calendar_todayFebruary 26, 2026
Last updated:
listIn this article
lightbulbKey Takeaways
- check_circleIntent Required
- check_circleRetraction Before Sentence
- check_circlePenalty Table
- check_circleFalse Accusation
In Spain, false testimony is a crime against the Administration of Justice under Art. 458-462 CP. As criminal lawyers specialising in false testimony, we explain when a witness crosses the legal line.
When is it committed?
Three elements: (1) false statement, (2) before a judge/court after oath, (3) direct intent — the witness knows they are lying. Mistakes or memory errors are not covered.
Penalties
- Criminal proceedings (against accused): 1-3 years + fine.
- Criminal proceedings (in favor): 6 months-2 years.
- Civil proceedings: 6 months-2 years.
- Retraction before sentence: fully exempt (Art. 462).
The Key Defense: Retraction (Art. 462 CP)
A witness who retracts their false testimony before a judgment is handed down in the same proceedings is completely exempt from punishment — automatically, with no judicial discretion. After judgment, retraction only mitigates. Timing is everything. Contact our criminal lawyers specialising in false testimony immediately.