Criminal Lawyers for Crimes Against Justice Administration

Crimes against the Administration of Justice (Title XX of Book II of the Spanish Criminal Code, Arts. 446 to 471 bis) protect a legal interest of maximum constitutional relevance: the proper functioning of jurisdictional power (Arts. 117 ff. SC). Their purpose is to ensure that processes are conducted with truth, loyalty and effectiveness, guaranteeing effective judicial protection proclaimed in Art. 24 SC. Supreme Court doctrine has consolidated the multi-offensive nature of these figures: they harm social trust in the judicial system, prejudice process participants and frequently result in unjust convictions or improper dismissals.

The typical modalities are heterogeneous. Perjury (Arts. 458-461 CP) punishes witnesses, experts or interpreters who lie under oath; false accusation (Art. 456 CP) imputes a crime to a specific person knowing of its non-existence; crime simulation (Art. 457 CP) feigns a non-existent offence without naming a perpetrator; obstruction of justice (Arts. 463-466 CP) covers non-appearance, witness intimidation, destruction or concealment of evidence and revelation of secret proceedings; concealment (Arts. 451-454 CP) sanctions whoever helps the perpetrator profit from the crime or evade investigation; and professional disloyalty (Art. 467 CP) punishes the lawyer or solicitor who harms client interests or acts simultaneously with the opposing party. Of special relevance today are digital obstruction cases: message deletion, metadata manipulation, destruction of digital media required by the court.

The statutory penalties are notable and modulate by procedural context. Perjury given against the defendant in a criminal case carries 1 to 3 years' prison and a 6 to 12-month fine (Art. 458.2 CP), raised one degree if a conviction follows; in every other case, civil proceedings included, the basic penalty of Art. 458.1 CP applies: 6 months to 2 years' prison and a 3 to 6-month fine. False accusation ranges from a 3 to 6-month fine, where a minor offence was attributed, to 6 months to 2 years' prison plus a 12 to 24-month fine, where a serious offence was attributed (Art. 456.1 CP). Obstruction with intimidation can reach 4 years' prison (Art. 464 CP). Concealment is punished with 6 months to 3 years' prison. Professional disloyalty carries a fine and special disqualification from professional practice for six months to four years, depending on the form, with no prison sentence in any of them. When conduct concurs with other crimes (bribery, misconduct in office), penalties can accumulate under concurrence rules.

The technical defence rests on four consolidated axes. First, absence or challenge of intent: perjury requires intent, that is, knowing that one is departing from the truth; perceptual errors, memory gaps or reasonable disagreements on complex facts are not typical. Second, timely retraction (Art. 462 CP): a witness who gave false testimony in criminal proceedings and retracts in time and form, stating the truth before judgment is given, is exempt from penalty. Third, atypicality of obstruction conduct: exercise of the right to defence, the silence of Art. 24.2 SC and refusal to cooperate do not constitute typical obstruction. Fourth, in concealment, exonerating kinship (Art. 454 CP): spouses, ascendants, descendants and siblings of the principal perpetrator are exempt in some modalities, requiring precise conduct qualification.

In current forensic practice, proceedings for crimes against the Administration of Justice are rarely conducted in isolation: they arise as derivatives of another main proceeding and require a panoramic vision coordinating both defences. Royal Decree-law 6/2023 on digital and procedural efficiency, Organic Law 1/2025 on Justice Service Efficiency and recent case-law on digital evidence and chain of custody configure a demanding framework. At Alonso Sala, with more than 15 years of experience, we approach each file from a dual perspective: technical analysis of typical elements (intent, suitability, harmfulness), and procedural coordination with the main case to avoid evidentiary contradictions. We design timely retraction strategies when appropriate, documentary challenges and, in professional disloyalty, defence based on technical diligence of the General Statute of the Spanish Bar and duly proven compliance with the duty of loyalty.

Title XX of the Spanish Criminal Code is structured in nine chapters spanning from judicial misconduct in office (Ch. I) to crimes against the International Criminal Court (Ch. IX). The most frequent types in practice are: perjury (Ch. VI, Arts. 458-461), punishing witnesses, experts and interpreters who lie under oath; crime simulation and false accusation (Ch. V, Arts. 456-457), penalizing the invention of non-existent offences or the false attribution of crimes to specific persons; obstruction of justice (Ch. VII, Arts. 463-467), including non-appearance, intimidation of process participants and lawyer disloyalty; and concealment (Ch. III, Arts. 451-454), sanctioning those who help crime perpetrators evade justice.

A key aspect differentiating these types is prosecutability: while perjury and obstruction are prosecuted ex officio by the Public Prosecutor, false accusation can only be prosecuted after a final judgment, or a final order of dismissal or discontinuance, in the proceedings originated by the false report (Art. 456.2 CP). This procedural requirement conditions and delays false accusation complaints, while crime simulation charges, which don't require such a prerequisite, are more common in practice.

At Alonso Sala, our defence in crimes against the Administration of Justice is based on deep knowledge of criminal procedural law. Success in these cases depends on mastering technical subtleties: was there truly intent in the false statement or was it a perception error? Does the defendant's conduct constitute real obstruction or is it the legitimate exercise of the right to defence? Are there grounds for effective retraction that mitigates or eliminates liability?

Our methodology includes forensic analysis of trial recordings to contrast the allegedly false statement with the actual interrogation context; expert assessment of the witness's capacity for perception and memory; and thorough documentation of potential spurious motives behind the accusation (procedural revenge, pressure to plea bargain, elimination of inconvenient witnesses). In concealment cases, the line between typical aiding of the perpetrator and mere personal or family relationship is thin, and case law has established relevant exceptions that we apply in our clients' benefit.