He crime false complaint when considering that it is committed by those who accuse any person of facts with knowledge of their lie. He Penal Code Article 456 stipulates that it constitutes a criminal offence, if presented before a judicial officer.
In accordance with article 456 of the Penal Code, certain penalties are imposed on those who have committed the crime false complaint. To a large extent it will depend on the seriousness of the crime that has been committed.
What is important to consider are the facts and that the person who charges you know they are fake.
Imputation of the crime false complaint
That which penalized criminally it is not an erroneous qualification of the part, but the imputation of false facts.
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It is considered that a crime false complaint serious has a prison sentence of 6 months to 2 years. A fine of 12 to 24 months is added.
A crime false complaint Less serious will have a fine of 12 to 24 months.
In the case of crime false complaint The sanction of a fine is between 3 and 6 months.
The jurisprudential doctrine of the Supreme Court ruling 254/2011 indicates that the type of objective requires certain conditions.
When the facts imputed to the victim are false, without the appraisal of the complainant having importance for these purposes. The alleged facts would constitute a crime false complaint.
That it is directly linked to the protected legal assets, the honor of those falsely denounced. Where are considered the problems for the judicial administration and for the process by forcing the opening of a wrong complaint.
They are considered as legal rights who are affected if that official does not have the right to deny their criminal character.
In these cases, it is obliged to proceed with the investigation and then initiate judicial actions or processes. It is relevant that the facts presented have a sufficiently criminal aspect.
What matters is that its content is obliged to allow processing when the false accreditation. This element prescribes the re-examination of the publicized facts as a necessary step for their legal assessment.
This does not exclude the existence of the crime false complaint contemplated in article 456. If later an assessment of the content of the complaint can be confirmed without any doubt that the process should never have started.
Types of false complaint crime in Spanish law
In the subjective type, the author must know the falsehood of the accusation, hence the references to falsehood. The falsehood of the facts alleged is not enough.
In these cases, the plaintiff must be aware that these facts do not correspond to reality.
The jurisprudence of the Supreme Court has demanded as procedural requirements the existence of a final judgment of acquittal. This includes a final dismissal order, which can be free or provisional.
As for his prosecution, it will depend on whether the court has not given an order to proceed ex officio against the plaintiff. In this situation, it can be done by means of a prior complaint from the offender.
These objective conditions of prosecution do not affect the existence of the crime, but its prosecution.
He crime false complaint It can be sanctioned for two reasons established in the penal code.
As a crime against the administration of justice
For having unnecessarily provoked the authorities to carry out an investigation. Applying the legal process necessary for it.
Adding in turn the crime against honor of the defendant, for the damage suffered as a result of having been falsely denounced.
There are people who consider accusing as the perfect excuse for their actions. Even if for their purposes they involve and seriously harm minors, where the sole objective of obtaining a personal benefit.
The crime of false complaints is included in Title XX and in Chapter V of Article 456. In the penal code they will be considered as crimes against Justice administration and false reports and simulations of crimes
Determination of the crime false complaint
The definition of this punishable act is found in the first section of the article. who aware of their falsehood accuse any person of acts that would constitute a crime.
If such an accusation is made before a judicial or administrative official it has the duty to proceed with its investigation.
There are certain penalties that will be imposed on a person who commits a false reporting crime. In accordance with article 456.1 of the Penal Code, the penalties will be of different degrees.
He crime false complaint He has a prison sentence of six months to two years. With a fine of twelve to twenty-four months if a felony is charged.
The sanction of a fine will be between twelve and twenty-four months if a less serious offense is charged.
When it is a minor misdemeanor of the crime, false denunciation, the penalty will be a fine of three to six months.
To affirm the presence of a false report, a series of requirements are needed. Being the fundamental elements to be able to affirm the concomitance of a false complaint.
The imputed action must be illegitimate. This allows the consideration of falsehood of the content of the charge, adding to the complaint with the authority.
There is bad faith on the part of those who present the accusation knowing that its content is not true.
Actions to take among the subjects of the crime false complaint
Article 456 of the Penal Code states that the plaintiff cannot proceed. Except after a final sentence by the judge or court that has had knowledge of the alleged crime.
These will order to proceed ex officio against the accuser provided that the main cause demonstrates sufficient evidence of the falsehood of the charge. The fact can be pursued even after the offended complaint.
The crime of false reporting cannot be confused with a false report, under certain terms stipulated by law.
False reporting is an illegal act of presenting false witnesses, in addition to the crime of perjury. As a final consideration, the simulation of a crime is required.
There are certain conditions that apply in the occurrence of the crime false complaint
Corresponds to the accreditation of certain facts against a certain person. Which allows us to consider that these facts constitute a crime.
The procedure requires reporting to a competent authority. manifesting a criminal intent, being aware that the denounced act is wrong and acting with bad intention.