Criminal Defense Lawyers in Obstruction of Justice
Defense in crimes of false testimony, cover-up, and obstruction of justice.
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False Testimony: The Duty of Truth
The judicial system is based on truth. Lying to a Judge is a crime (Perjury/False Testimony). The Criminal Code punishes the witness who substantially deviates from the truth. However, the accused has the constitutional right not to confess; the witness has the legal obligation to tell the truth.
We defend people accused of lying in court by proving they did so out of fear, memory error, or to avoid self-incrimination.
Cover-up (Encubrimiento)
Helping a criminal to hide, destroy evidence, or flee is a crime. But there is a key exception: Family Ties. The law does not punish you if you hide your spouse, parent, child, or sibling (Excusa Absolutoria). We use this powerful defense to archive cases against relatives.
False Reporting and Crime Simulation
The third front concerns those who set the justice system in motion with an untrue account. False accusation (Art. 456 CP) punishes whoever falsely imputes a criminal offence to a specific person before an authority with a duty to investigate, knowing it to be false. Crime simulation (Art. 457 CP) punishes whoever feigns being the victim of a non-existent offence —a common scenario in fraudulent insurance claims— without identifying anyone. The defence centres on the absence of falsifying intent: a complaint that is later dismissed is not, for that reason alone, a false report; the prosecution must prove the accuser knew, from the outset, that the facts were untrue.
Penalty Chart
| Type / Scenario | Criminal Penalty |
|---|---|
| Principal Penalty | Penalty established by the Criminal Code for obstruction of justice. |
| Fines and Ancillary Penalties | Fines and special disqualification linked to False Crime Reporting. |
| Civil Liability | Compensation to victims for damages and losses caused. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Our Defense Strategy
Retraction
Rectifying the testimony before the sentence is passed can exempt you from punishment.
Memory Error
Distinguishing between malicious lying and contradictions due to the passage of time.
Family Exemption
Applying the relative exemption in cover-up cases.
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.
Why Choose Us?
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