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Alonso Sala
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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.

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