False Accusation vs Reporting
Legal distinction between false reporting (Art. 457) and false accusation (Art. 456).
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False Accusation vs Reporting
Legal distinction between false reporting (Art. 457) and false accusation (Art. 456).
Defense Guide: Obstruction of Justice (Arts. 463-467 CC)
Penalty Table
| Type | Penalty | Article |
|---|---|---|
| Violence or intimidation against parties, lawyers, witnesses, experts or interpreters | Prison 1 to 4 years + fine 6-24 months | Art. 464.1 CP |
| Reprisals against witnesses, experts for their actions | Prison 1 to 4 years + fine 6-24 months | Art. 464.2 CP |
| Destruction or concealment of documents or evidence | Prison 6 months to 3 years | Art. 465 CP |
| Lawyer or attorney revealing client secrets | Fine 12-24 months + special disqualification 1-4 years | Art. 466 CP |
| Professional disloyalty: lawyer harming client through action or omission | Fine 6-24 months + special disqualification 2-4 years | Art. 467 CP |
Obstruction of justice (Arts. 463-467 CC) protects the proper functioning of the Administration of Justice against acts of intimidation, evidence destruction and professional disloyalty.
Key Defense Strategies
Absence of Specific Intent
Art. 464 requires direct intent to prevent or obstruct judicial action. Legitimate communications, rights advisories, or case discussions do not constitute intimidation.
Prior to Proceedings
Document destruction carried out before the start or knowledge of legal proceedings does not constitute obstruction (Art. 465). The date of destruction is determinative.
Legitimate Exercise of Defense
Advising a client on their rights, preparing their defense, or contacting the opposing party through legal channels can never be classified as obstruction.
Communication Context
Messages that appear threatening in isolation may be benign in context. Comprehensive forensic analysis of communications is key to dismantling intimidation charges.
Relevant Case Law
Doctrina del TS (Sala 2ª)
Mere silence or refusal to cooperate does not constitute obstruction of justice. Citizens have no general duty to assist police investigations absent an express court order.
Doctrina del TS (Sala 2ª)
Routine document destruction in the normal course of business operations before an investigation begins does not constitute obstruction under Art. 465 CP, even if those documents later become relevant.
Doctrina del TS (Sala 2ª)
Informing someone of their legal rights, including the right to remain silent, cannot constitute obstruction of justice or witness intimidation under Art. 464 CP.
Doctrina del TS (Sala 2ª)
Art. 464 CP intimidation requires threats that are serious, suitable, and immediate enough to restrict the freedom of action of a witness or expert. Mere expressions of displeasure or criticism do not reach the criminal threshold.
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