What happens if I receive a false report

In recent months, due to the emergence of certain actors on the political scene and the priority that public institutions are giving to actions against gender violence, we are hearing more and more the term false denunciation. Although it does not necessarily have to be related to this type of crime, the truth is that it is something very residual but severely punished by the Criminal Code.

In our office we are frequently consulted by clients who do not know how to act when faced with a false report, the deadline for filing a false report or the compensation that can be obtained when claiming against such a false report. In this article we would like to talk to you about what would happen in the event of receiving a false report and how to proceed.

Definition of false denunciation

According to Article 456 of the Criminal Code, this offence is understood as one in which a person imputes certain facts constituting a criminal offence to another while being aware of their falsity and/or in reckless disregard for the truth. Moreover, it is a multi-criminal offence. This means that it is not only intended to harm a specific individual, but also the Administration of Justice itself.

Inescapable requirements for a complaint to be considered false

It is not possible to speak of false allegations as such until the judicial authority that received the complaint does not issue a final judicial decision or ruling that leads to its dismissal. This is a 'sine qua non' requirement since, in the first place, it is necessary to prove that the facts were not committed before determining whether there was malicious intent on the part of the complainant against the defendant.

It should be made clear at this point that not all complaints that are filed or dismissed are considered false. By this we mean that the complainant may have had the feeling that there was a criminal offence or misdemeanour to report but that, in the absence of evidence, the competent judicial authority cannot consider that the offence was actually committed.

In any case, once there is a decision or ruling to close or dismiss the case, the judge or court that heard the complaint can act ex officio or at the request of the defendant against the complainant. To do so, he or she must consider that there is sufficient evidence to consider that the accusation was manifestly false from the outset and that the subject was fully aware of this.

On the other hand, there are other requirements for a complaint to be considered false beyond the need for there to be a final judgement or decision to close the case or dismiss it:

• The facts reported must be concrete and directed towards a specific and identified subject. By this we mean that they must appear with a name and surname.
• The alleged facts must constitute a criminal offence.
• The allegations must be manifestly false.
• The allegation must have been made to an authority with a duty to act in response to it.
• There must be awareness of the false nature of the alleged facts, i.e. there must be criminal intent and bad faith with the purpose of harming the interests of another person.

What should I do if I receive a false report? What should I do if I receive a false report? What should I do if I receive a false report?

What to do when faced with a false accusation, first of all, whether or not the accusation leads to an arrest, which is common in those made for reasons of gender violence, you must remain calm. At that point, the most important thing is to gather all the evidence that you can get your hands on and that is evidence or proof that the crime has not been committed. At this point, it is advisable to call a lawyer who specialises in false allegations.

If you are in prison or jail, this will be impossible. In this case, you should call the lawyer and then provide him with the contact details of people close to you and whom you trust, who can obtain the evidence and clues that you know exist. Based on this evidence, the lawyer will build a defence strategy focused on proving the untruthfulness of the accusation and to provoke the acquittal by the judge or court.

What to do if the judge or court acquits you

Once the judicial process is over with the case being closed or dismissed, it is time to reflect on the sentence or decision and on how the process has been carried out.

For example, if the acquittal was based on a lack of evidence that the accused committed the crime, i.e. on doubts about his authorship, it would be better to leave things as they are, as the chances of proving that there was a false accusation will be practically nil.

On the other hand, if the evidence presented by the accused was convincing and the acquittal was based on the doubts raised by the complainant's testimony, then it is appropriate to initiate a prosecution for false accusation. Provided, of course, that the judicial authority does not initiate it ex officio, which is also a possibility as mentioned above.

Penalties for the offence of false denunciation

Filing a false report is a criminal offence and, as such, is punished quite severely by the Penal Code. Specifically, the complainant may have to comply with the following:

• Serious offence: imprisonment of 6 to 12 months and a fine of 12 to 24 months.
• Less serious offence: a fine of 12 to 24 months.
• Minor offence: a fine of 3 to 6 months.

The qualification of the offence of filing a false report will depend mainly on the seriousness of the criminal offence being reported. In this sense, reporting someone for rape with the knowledge that this is untrue would be considered a serious offence, while doing the same for libel and slander through social networks would be a minor offence.

Differences between the offence of false denunciation and simulation of crime

Many people tend to confuse the two offences. However, although they have certain similarities, they are not the same and are not punished in the same way.

Specifically, in order for there to be simulation of a crime, the complainant must simulate, either in court or before the police, having been the perpetrator or, more frequently, the victim of a non-existent criminal offence and which, as a result, would give rise to the initiation of procedural proceedings. This type of offence is also understood as the reporting of a criminal offence that has not taken place even if one is neither the victim nor the perpetrator.

Therefore, the main difference between the two offences is that in the case of simulation, a specific person is not charged unless it is oneself, while in the case of false accusation, even if one knows that one is innocent.

Conclusions

In short, although there are not a large number of false reports in our country each year, or at least that are officially classified as such, it is important to know how to act in the event of receiving one from a relative, friend or acquaintance. After all, no one is exempt from being acted against in bad faith. In this case, there is no better alternative than to turn to a specialised criminal lawyer.

At the law firm G. Elías y Muñoz abogados we have expert criminal lawyers, we attend in person in Madrid and also online with our video call service that we provide throughout Spain.