What to do if you are Falsely Accused of Sexual Assault
WHAT TO DO IF YOU ARE FALSELY ACCUSED OF SEXUAL ABUSE. Shudder and Indignation are the first feelings IF YOU ARE FALSELY ACCUSED OF SEXUAL ABUSE, which refer to us experienced 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 surprisingly, 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 writing of Legal Information, consider that the first WHAT TO DO IF YOU ARE FALSELY ACCUSED OF SEXUAL ABUSE is putting yourself in the hands of the best, and the best are JAVIER and MANUEL RINCÓN BERNAL. Not surprisingly, a very serious possible prison sentence is put into play.
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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 complaint against the person who has denounced you for sexual abuse.
The crime of false denunciation is regulated in the Spanish Penal Code. It is contemplated in article 456, which establishes the criminal consequences for those who falsely accuse a person of committing a crime knowing that they are innocent.
Next, 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 it before a judicial or administrative official or 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 going too far out of the way on WHAT TO DO IF YOU ARE FALSELY ACCUSED OF SEXUAL ABUSE It is important to convey a certain amount of peace of mind, within the enormous concern that being accused of such a serious crime should arouse, since it is the accusation, say the directors of RINBER ABOGADOS, which should undermine the principle of presumption of innocence.
The fundamental elements of the concept of presumption of innocence in Spanish law are presented below:
Burden of proof:
The burden of proof lies with the prosecution, that is, with the Public Prosecutor and the prosecution. It is the responsibility of the prosecution to present strong and convincing evidence proving the defendant's guilt.
In dubio pro reo:
This principle establishes that in case of reasonable doubt about the guilt of the accused, a decision 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 defendant, they should be acquitted and not convicted.
The presumption of innocence implies that the accused must have the right to a fair and just trial, with all the necessary procedural guarantees, such as the right to a defense, the right to a lawyer, the right to present evidence and to question witnesses.
In order to convict a person, the evidence presented must be sufficient and convincing, according to the standard of proof "beyond a reasonable doubt". This means that guilt must be proven clearly and conclusively.