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What happens if I am reported without evidence?
IF THEY REPORT YOU WITHOUT PROOF, it will be necessary to consider whether the denouncer provides at least clues, but, in order to know precisely WHAT HAPPENS IF I'M REPORTED WITHOUT PROOF?, we have contacted the best criminal lawyer in Spain. We have contacted JAVIER and MANUEL RINCÓN BERNAL, directors of RINBER CRIMINAL LAWYERS, considered by practically all legal publications to be the best lawyers in Spain.
Let's see, JAVIER, MANUEL, what? WHAT HAPPENS IF I'M REPORTED WITHOUT PROOF??
Thus, to "boat soon" IF THEY REPORT ME WITHOUT PROOF we could find ourselves facing a false complaint or an unsubstantiated complaint, that is clear, JAVIER and MANUEL RINCÓN BERNAL, directors of RINBER ABOGADOS PENALISTAS, emphatically affirm.
WHAT HAPPENS IF THEY REPORT ME WITHOUT PROOF.
In Spain, file a complaint without evidence it does not automatically imply legal consequences for the person making the complaint. The Spanish legal system recognizes the right of any person to file a complaint if they consider that they have been the victim of a crime or have knowledge of the commission of a crime.
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However, JAVIER and MANUEL RINCÓN BERNAL, directors of RINBER ABOGADOS PENALISTAS, emphatically affirm, filing a false complaint or knowingly that it is false may have legal implications. The presentation of a false complaint may constitute a crime of simulation of crime, (for example a false accusation of sexual abuse), typified in the Spanish Penal Code in article 456. This offense is punishable by a fine and, in some cases, by prison terms, depending on the seriousness and circumstances of the case.
For a report to be considered false, there must be clear proof that the person making the report knows that the facts reported are not true. The mere fact that there is not enough evidence to support the complaint is not enough to affirm that it is false. The lack of evidence can lead to the filing of the complaint or the lack of sufficient evidence to support an accusation.
It is important to highlight that it is up to the judicial and prosecutorial authorities to determine the veracity of a complaint and take the appropriate legal measures in each case. In situations in which a false complaint is suspected, it is essential to present proof or evidence that supports this statement so that the competent authorities can investigate and, where appropriate, impose the corresponding legal sanctions.
If you have specific doubts or concerns related to a complaint without evidence or about a particular case, I would recommend that you consult a lawyer specialized in criminal law in Spain. An attorney will be able to provide you with appropriate legal advice based on the specifics of your situation.
The false complaint or simulation of crime is typified in the Spanish Penal Code. The legal regulation of false accusation in the Spanish Penal Code is detailed below:
Article 456:
crime simulation. This article establishes that "anyone who pretends to be responsible or victim of a criminal offense or denounces a non-existent one, causing procedural actions, will be punished with a fine of six to twelve months."
It is important to note that the simulation of a crime refers to the action of filing a complaint knowing that the facts reported are false. Filing a complaint without evidence does not necessarily constitute malingering, as there may be a lack of sufficient evidence to support the complaint.
Article 457:
False testimony and false accusation. This article establishes that "the witness who, proposed as such, makes a false accusation in the oral trial, will be punished with imprisonment from six months to two years and a fine from six to 24 months." In the case of a false accusation, the false accusation formulated in the oral trial is considered false testimony.
It is important to note that for a report to be considered false, there must be evidence that the person making the report knows that the facts reported are false. The lack of sufficient evidence to support a claim does not necessarily imply that it is false.
The simulation of crime and the false denunciation are considered crimes, and their prosecution and punishment depend on the judicial and fiscal authorities. It is up to the courts to determine the veracity of a complaint and to decide if the elements of the crime of false complaint or simulation of crime are met.
If you have specific concerns about a false report case, (and you think: WHAT HAPPENS IF I'M REPORTED WITHOUT PROOF?), we recommend you consult with JAVIER and MANUEL RINCÓN BERNAL, directors of RINBER ABOGADOS PENALISTAS. An attorney will be able to provide you with appropriate legal advice based on the specifics of your situation.
