FALSE ACCUSATION AND ACCUSATION

Article 456.1 of the Penal Code punishes the person who, with knowledge of its falsity or reckless disregard for the truth, imputes to another person facts that, if true, would constitute a crime, provided that this imputation is made before a judicial or administrative official who has the duty to proceed to its investigation. The penalty associated with this offense varies according to the type of offense that is falsely imputed:

1. The penalty is imprisonment of 6 months to 2 years and a fine of 12 to 24 months, if a felony is charged.
2. If the offense charged is less serious, the penalty is a fine of 12 to 24 months.
3. When the offense falsely charged is a misdemeanor, the facts are punishable by a fine of 3 to 6 months.

We are dealing with a multifensive crime, insofar as the legal right protected by this crime is, on the one hand, the administration of justice, which is affected by an improper use of the same and, on the other hand, the honor of the persons who are accused of committing a criminal act (STS No. 529/2020, October 21).

What requirements must be met in order to appreciate this crime? According to the jurisprudence of the Supreme Court, the essential elements of this crime are the following (STS No. 890/2021, of November 17):

• In the first place, it requires that the facts attributed to the defendant be false. What is criminally punished is not an erroneous qualification of the facts, but the imputation of false facts. What is important is that they are facts and that they are known to be false by the person making the accusation.
• Secondly, the alleged facts, if true, must constitute a criminal offense.
• In addition, the accusation must be made before a judicial or administrative official who must proceed to its investigation. What is important is that, at the time the false accusation is made, its content obliges it to be admitted for processing and imposes the verification of the facts denounced as a necessary step for its legal assessment.
• Finally, the subjective type requires that the perpetrator knows the falsity of the accusation.

Article 456 of the Criminal Code establishes two procedural requirements, which are indispensable conditions for initiating criminal proceedings for the crime of false accusation or denunciation:

• That a final judgment or dismissal or dismissal order has been issued by the judge who has heard the case of the offense charged.
• That the prosecution of the crime of false accusation or denunciation be initiated ex officio by the Judge who has heard the criminal proceeding against the person falsely denounced or at the request of the victim of the false denunciation.