What to do if you are Falsely Accused of Sexual Abuse
WHAT TO DO IF YOU ARE FALSELY ACCUSED OF SEXUAL ABUSE. Shock and Indignation are the first feelings IF YOU ARE FALSELY ACCUSED OF SEXUAL ABUSE, which the sexual assault lawyers, JAVIER and MANUEL RINCÓN BERNAL, directors of RINBER LAWYERS.
These lawyers, perhaps, may be the most specialized lawyers in Spain in matters of sexual abuse and sexual assault. Not in vain, you are considered among the best criminal lawyers in the country.
We address them to convey the question that we want to raise today:WHAT TO DO IF YOU ARE FALSELY ACCUSED OF SEXUAL ABUSE?.
Before considering the response of the directors of RINBER ABOGADOS, we, from the Legal Information editorial team, consider that the first WHAT TO DO IF YOU ARE FALSELY ACCUSED OF SEXUAL ABUSE is to put yourself in the hands of the best, and the best are JAVIER and MANUEL RINCÓN BERNAL. Not in vain, a very serious possible prison sentence is on the line.
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We have already considered, in another post related to this matter, the advice IF YOU ARE FALSELY ACCUSED OF SEXUAL ABUSE, which you can find in this blog, say JAVIER and MANUEL RINCÓN BERNAL, what we want to highlight today is that IF YOU ARE FALSELY ACCUSED OF SEXUAL ABUSE, you can prepare a criminal action for false reporting against the person who reported you for sexual abuse.
The crime of false reporting is regulated in the Spanish Penal Code. It is contemplated in article 456, which establishes the criminal consequences for those who falsely attribute the commission of a crime to a person knowing that they are innocent.
Below is article 456 of the Penal Code Spanish.
In summary, the crime of false denunciation in the Spanish Penal Code punishes those people who falsely accuse someone of committing a crime, whether they do so before a judicial or administrative official or if they do so before other people. The penalties vary depending on whether the false report is made by a public authority or official or by any other person.
Without straying too far from the path WHAT TO DO IF YOU ARE FALSELY ACCUSED OF SEXUAL ABUSE It is important to convey a certain tranquility, within the enormous concern that must arise when you are accused of such a serious crime, since it is the accusation, say the directors of RINBER ABOGADOS, that must distort the principle of presumption of innocence.
Below are the fundamental elements of the concept of presumption of innocence in Spanish law:
Burden of proof:
The burden of proof falls on the prosecution, that is, on the Prosecutor's Office and the accusing party. It is the responsibility of the prosecution to present strong and convincing evidence proving the guilt of the accused.
In dubio pro reo:
This principle establishes that in case of reasonable doubt about the guilt of the accused, a ruling must be made in favor of the accused, that is, in favor of the presumption of innocence. If there are reasonable doubts about the guilt of the accused, he should be acquitted and not convicted.
The presumption of innocence implies that the accused must have the right to a fair and equitable trial, with all the necessary procedural guarantees, such as the right to defense, the right to a lawyer, the right to present evidence and question witnesses.
To convict a person, the evidence presented must be sufficient and convincing, in accordance with the “beyond a reasonable doubt” standard of proof. This means that guilt must be proven clearly and conclusively.