He crime false report 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 offense if it is presented before a judicial official.
In accordance with article 456 of the Penal Code, certain penalties are imposed on those who have committed the crime false report. 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 wrote them impute You know they are fake.
Imputation of the crime false report
That which is penalized It is not an erroneous classification of the party, but rather the imputation of false facts.
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It is considered that a crime false report serious has a prison sentence of 6 months to 2 years. A fine of 12 to 24 months is added.
A crime false report less serious will have a fine of 12 to 24 months.
In the case of crime false report The fine penalty is 3 to 6 months.
The jurisprudential doctrine of the Supreme Court ruling 254/2011 indicates that the type of objective requires certain conditions.
When the facts attributed to the victim are false, without the complainant's assessment being important for these purposes. The alleged facts would constitute a crime false report.
That it is directly linked to the protected legal assets, the honor of those falsely reported. Where 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 nature.
In these cases, it is necessary to proceed with the investigation and then begin 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 published facts as a necessary step for their legal assessment.
This does not exclude the existence of crime false report contemplated in article 456. If subsequently an assessment of the content of the complaint can be confirmed without a doubt, the process should never have started.
Types of false reporting crime in Spanish law
In the subjective type, the author must know that the accusation is false, 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 Supreme Court jurisprudence has demanded as procedural requirements the existence of a final judgment of acquittal. This includes a definitive dismissal order, which may be free or provisional.
As for its prosecution, it will depend on whether the court has not given an order to proceed ex officio against the plaintiff. In this situation, it may be done through a prior complaint from the offender.
These objective conditions of prosecution do not affect the existence of the crime, but rather its prosecution.
He crime false report can be punished for two reasons established in the penal code.
As a crime against the administration of justice
For having unnecessarily caused the authorities to carry out an investigation. Applying the necessary judicial procedure for this.
Adding in turn the crime against honor of the accused, for the damage suffered for having been falsely reported.
There are people who consider accusing as the perfect excuse for their actions. Even if their purposes involve and seriously harm minors, where the sole objective of obtaining a personal benefit.
The crime of false accusations is included in Title XX and in Chapter V of Article 456. In the penal code they will be considered crimes against Justice administration and false reports and simulations of crimes
Determination of the crime of false reporting
The definition of this punishable act is found in the first section of the article. Those who are aware of their falsehood accuse any person of acts that would constitute a crime.
If such an accusation were made before a judicial or administrative official This has the duty to proceed with its investigation.
There are certain sanctions that will be imposed on a person who commits a false report crime. In accordance with article 456.1 of the Penal Code, the penalties will be of different degrees.
He crime false report He has a prison sentence of six months to two years. With a fine of twelve to twenty-four months if a serious crime is charged.
The fine will be between twelve and twenty-four months if a less serious infraction is charged.
When it is a minor offense of false reporting, the penalty will be a fine of three to six months.
To confirm the presence of a false report, a series of requirements are necessary. 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 position, 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 be taken between the subjects of the crime false report
Article 456 of Penal Code states that the plaintiff cannot proceed. Except after a final sentence by the judge or court that has knowledge of the alleged crime.
These will order to proceed ex officio against the accuser provided that the main cause demonstrates sufficient evidence of falsity of the charge. The fact can be pursued even after the offended complaint.
In the crime of false reporting, it 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 when the crime of false reporting occurs.
It corresponds to the accreditation of certain facts against a certain person. Which allows us to consider that these events constitute a crime.
The procedure requires informing a competent authority. Manifesting a criminal intent, being aware that the denounced act is wrong and acting with bad intentions.