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Bufete de abogados penalistas Alonso Sala
psychology_altPractice Area

False Testimony Specialists

We transform problem into solution through legal technique and timely retraction.

Defense in False Testimony Crimes

False testimony crime (Art. 458 CP) poses one of most serious threats to freedom. As criminal lawyers specialized in false testimony crimes, we know line between memory error and deliberate lie is very fine. Our mission is to prove to court that discrepancy in your statement is due to human fallibility (stress, forgetfulness, perception), and not intent to deceive Justice Administration.

At Alonso Sala, expert criminal defense lawyers in false testimony, we minutely analyze previous judicial procedure to detect nullities and activate "golden key" of article 462 CP: retraction.

Lie or Memory Lapse?

This is fundamental legal battle. False testimony requires INTENT: deliberate will to lack truthfulness. Person who is MISTAKEN, has perception distorted by trial stress, or simply forgot details after years does NOT commit crime.

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False Testimony (CRIME)

CONSCIOUSLY lying about essential facts. Deliberate intention to deceive court.

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Error/Forgetfulness (NOT CRIME)

Being mistaken, forgetting details, perception distorted by stress. Human fallibility.

Requirement of Substantiality

Not just any lie is criminal. For false testimony to exist, falsehood must fall on ESSENTIAL ELEMENTS for lawsuit resolution. Lying about peripheral detail, irrelevant to case merits, usually ATYPICAL (not crime).

GOLDEN KEYRetraction (Art. 462 CP)

If admit your lie and reveal truth BEFORE sentence issued in proceedings where testified, you're EXEMPT from penalty (Art. 462). Only fine of 3-6 months imposed.

TIMING IS CRUCIAL

  • check_circleRetraction BEFORE original sentence: penalty EXEMPTION
  • cancelRetraction AFTER sentence: NO LONGER WORKS

False Testimony Defense Services

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In Criminal Cases

Aggravated defense when testimony helps convict an innocent person.

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In Civil/Labor Cases

Defense in perjury committed in divorces, dismissals, and civil lawsuits.

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Retraction

Strategy to avoid conviction by rectifying the lie before sentencing.

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Inducement & Coaching

Defense of lawyers and parties accused of convincing witnesses to lie.

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Why Alonso & Sala?

False testimony requires sophisticated technical defense. We manage retractions and demonstrate lack of intent.

  • checkUrgent retraction management before sentence.
  • checkTechnical defense: proving error vs lie.
  • checkExpert analysis of fact irrelevance.
  • checkCoordination with psychological experts.
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FAQs

What exactly is false testimony crime (Art. 458 CP)?expand_more
Consists of DELIBERATELY LYING before court or judge as witness, expert, or interpreter, about ESSENTIAL FACTS for ruling. Protects Justice Administration. Penalty: 1-3 years prison (criminal), 6 months-2 years (civil). CONSCIOUS LIE about relevant facts is key.
Is it crime to be mistaken or have bad memory?expand_more
NO. False testimony requires INTENT (deliberate intention to lie). Being mistaken, forgetting details, having perception distorted by trial stress is NOT crime. Crucial defense: demonstrate it was ERROR, not conscious DECEIT. Human fallibility is NOT criminal.
What are 'essential facts'? What if I lie about something secondary?expand_more
False testimony requires lie affects ESSENTIAL FACTS (decisive for resolution). Lying about PERIPHERAL or IRRELEVANT detail is NOT crime (atypical). We analyze sentence: was your testimony DECISIVE or marginal? If irrelevant, solid defense.
Difference between witness, expert, and interpreter?expand_more
WITNESS: testifies about FACTS witnessed/known. EXPERT: testifies about TECHNICAL CONCLUSIONS (forensic doctor, appraiser). INTERPRETER: translates statements. ALL THREE can commit false testimony if lie intentionally. Expert falsifying report: false testimony (disqualification + prison).
What if I lie in CRIMINAL vs CIVIL trial?expand_more
CRIMINAL: Art. 458.2 CP. AGGRAVATED penalty: 1-3 years prison (if helps convict innocent, upper half). CIVIL/LABOR: Art. 459 CP. Penalty: 6 months-2 years prison. Different criminal types, but both SERIOUS crimes with criminal record.
What is 'retraction' (Art. 462 CP)? Does it save me from conviction?expand_more
IF you retract (admit lie and tell truth) BEFORE sentence issued in proceedings where testified, you're EXEMPT from penalty (Art. 462). Only fine of 3-6 months imposed. It's the 'golden key'. TIMING crucial: must be BEFORE original trial sentence.
Can I retract in false testimony trial or is it too late?expand_more
Does NOT work. Retraction must be in ORIGINAL PROCEEDINGS (where you lied), NOT in subsequent criminal trial for false testimony. Once sentence in original proceedings issued, retraction NO longer exempts from penalty. Act FAST if lied.
Who can report false testimony?expand_more
Normally, JUDGE of proceedings deduces testimony (refers to prosecution for investigation). Also INJURED PARTY can report (private prosecution). False testimony prosecuted EX OFFICIO (victim's complaint not needed, enough for judge to detect contradiction).
Is it false testimony if I contradict myself in two statements?expand_more
DEPENDS. If contradiction about ESSENTIAL FACT and proven one version is CONSCIOUS LIE, YES. But if contradiction due to forgetfulness, stress, different temporal perception, NO. Defense: prove second statement was honest RECTIFICATION, not initial lie.
Does it matter if I lied pressured by threats/fear?expand_more
Can be EXEMPTING insurmountable fear (Art. 20.6 CP) if prove lied due to SERIOUS, REAL, IMMINENT THREAT. E.g.: witness threatened with death if tells truth. Must be proven. Generic fear does NOT exempt. Crucial technical defense.
Can I refuse to testify as witness?expand_more
ONLY if you're accused's RELATIVE (spouse, ascendants, descendants, siblings). Art. 416 LECrim allows NOT testifying. IF NOT relative, MUST testify and tell truth. Refusing = disobedience (Art. 463 crime). Lying = false testimony.
Is it crime for lawyer to 'prepare' their witness?expand_more
Preparing witness to testify CORRECTLY (remember facts, not get nervous) is LEGAL. But 'instructing' to LIE is crime of INDUCCIÓN to false testimony (Art. 458.1). Penalty: SAME as witness (1-3 years). Lawyer can lose bar license.
What if I'm expert and change report conclusions at trial?expand_more
If change is HONEST (new data, previous technical error), NOT crime. But if DELIBERATELY FALSIFY conclusions to favor paying party, YES it's false testimony. Aggravating: special DISQUALIFICATION (Art. 459.2). Experts have reinforced duty of objectivity.
When does false testimony crime expire?expand_more
Crime in criminal case (1-3 years): expires in 5 years. Crime in civil case (6 months-2 years): expires in 5 years. Period counted from when committed (from false statement). Prescription can extend if judicial proceedings.
Is it false testimony to lie in police statement (not judicial)?expand_more
NO. False testimony crime requires statement before JUDGE or COURT (under oath/promise to tell truth). Lying at police station to police is NOT false testimony (can be obstruction of justice or other crime, but not Art. 458).
Difference with false accusation (Art. 456)?expand_more
FALSE ACCUSATION: REPORTING someone knowing they're innocent (you're the complainant). FALSE TESTIMONY: LYING as WITNESS in already initiated trial. Different active subject. False accusation initiates proceedings; false testimony contaminates existing proceedings.
Can I be convicted for false testimony and for crime I helped conceal?expand_more
YES, can CONCUR. E.g.: cover for murderer at trial (false testimony) + concealment crime (Art. 451). PENALTIES ACCUMULATE. Testifying falsely to help guilty party can be double crime. Defense must evaluate all risks.
Civil liability: how much compensation?expand_more
Compensation to INJURED PARTY by false testimony. E.g.: if your lie caused unjust conviction, victim can claim moral damage + lost income + pretrial detention suffered. Amounts: €20,000-100,000 depending on severity. BESIDES prison sentence.
Does it matter if judge didn't believe me and my testimony didn't influence?expand_more
False testimony crime CONSUMMATED with deliberate false statement about essential fact, EVEN IF judge didn't believe you. Your lie need NOT be EFFECTIVE. Enough to ATTEMPT deceiving court. It's DANGER crime, not result crime.
Can I claim 'didn't know lying was crime'?expand_more
NO. Error of prohibition (believing conduct not criminal) very difficult to prove. EVERY witness WARNED before testifying: 'Must tell truth under warning of false testimony crime'. Ignorance does NOT exempt.
Defense strategy if accused of false testimony?expand_more
1) Demonstrate LACK OF INTENT (was error, not lie). 2) Prove fact was NOT essential (irrelevant for ruling). 3) Urgent retraction if no sentence yet in original proceedings. 4) Allege insurmountable fear if threats. 5) Psychological expertise (stress, memory). Technical defense CRUCIAL.

Need Immediate and Expert Legal Assistance?

The judicial system is complex and can be relentless. Do not face it alone. We have the experience, technical knowledge, and human resources necessary to fight for you. Contact us today to schedule a confidential consultation and start building your defense.

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