Criminal Lawyers in False Accusation
Impeccable technical defense in crimes against the Administration of Justice
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Defense Guide: False Accusation (Art. 456 CP)
Penalty Table
| Severity of imputed crime | Penalty for false accusation | Article |
|---|---|---|
| Serious crime (sentence > 5 years) | Prison 6 months to 2 years + fine 12-24 months | Art. 456.1.1º CP |
| Less serious crime | Fine 12 to 24 months | Art. 456.1.2º CP |
| Minor offense | Fine 3 to 6 months | Art. 456.1.3º CP |
Key Defense Strategies
Absence of Specific Intent
Art. 456 CP requires the accuser to have known with certainty that the facts were false. An erroneous but good-faith belief excludes the crime.
Case Dismissal ≠ False Accusation
A case being dismissed for lack of evidence does not mean the accusation was false. The principle of in dubio pro reo protects the original complainant.
Early Retraction
Confessing the falsity before serious harm is caused to the accused can greatly mitigate the sentence or avoid conviction.
Private Prosecution
The victim of the false accusation can bring a private prosecution and claim civil liability: moral damages, legal costs and professional harm.
Relevant Case Law
Doctrina del TS (Sala 2ª)
Establishes that the mere failure to prove the reported facts does not allow for inferring falsity. Positive proof that the accuser knew of the non-existence of the imputed facts is required.
Doctrina del TS (Sala 2ª)
Distinguishes between false accusation and simulated crime: in the first, a specific person is accused; in the second, a crime is feigned without pointing to a culprit. Criminal consequences differ.
Doctrina del TS (Sala 2ª)
Consolidates that the intent for false accusation requires "reckless disregard for the truth": it is not enough to exaggerate or partially distort facts; the imputation must be objectively false and the accuser must know it.
FAQs on False Accusations
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