Crimes Against the Administration of Justice
Reconocido como uno de los mejores abogados penalistas 2026
Joaquín Sugrañes ha sido incluido por el prestigioso directorio Best Lawyers entre los mejores penalistas de España
These crimes are regulated in articles 456 and 457 of the Penal Code.
The crime of false accusation and denunciation punishes anyone 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 investigate it.
For its part, the crime of simulating a crime, contemplated in Article 457, punishes anyone who, before a judicial or administrative official who has the duty to investigate the commission of crimes, pretends to be responsible for or the victim of a criminal offense or reports a non-existent one, thus provoking procedural actions.
Joaquín Sugrañes has over fifteen years of professional experience in the field of criminal law, allowing him to offer you the best criminal defense in any matter related to this type of crime.
His results speak for themselves, having obtained numerous favorable rulings for his clients in criminal proceedings involving false accusation, false reporting, and simulation of crimes.
The Penal Code provides for different penalties depending on the severity of the crime charged.
Specifically, it is punishable by a prison sentence of six months to two years and a fine of twelve to twenty-four months if a serious crime is charged.
If a less serious offense is charged, a fine of twelve to twenty-four months shall be imposed. If a minor offense is charged, the penalty shall be a fine of three to six months.
Section 2 of Article 456 establishes an objective condition for prosecution. This means that I may only proceed against the complainant or accuser when a final judgment or order of dismissal or dismissal has been issued.
The dismissal order may be free or provisional but, in any case, it must be final.
The active subject can be anyone. No specific qualities are required.
To dissemble is to pretend, to lie, giving the appearance of truth or veracity. This crime would include the conduct of someone pretending to be responsible, whether as the perpetrator or accomplice, for a crime, as well as someone pretending to have been the victim of one, whether real or not.
It is punishable by a fine of six to twelve months.
It is necessary that a procedural action be produced as a consequence of the simulation.
Which leads us to ask whether, in cases where the simulated complaint does not result in such a procedural action, the attempted act could still be punished. If we understand the crime to be a result of a crime, an attempt would be possible in such cases.
The Public Prosecutor’s Office requested a nine-month prison sentence, considering that the defendant met the aggravating circumstance of repeat offense. In our opinion, the conduct displayed by our client did not constitute criminal conduct, since there was no intention to violate the sentence imposed . This is how we argued in the oral trial. The […]
The Penal Code, in its article 468, punishes with prison sentences of six months to one year, if they are deprived of liberty, and with a fine of twelve to twenty-four months in other cases, those who violate their sentence, security measure, imprisonment or precautionary measure, conduction or custody.
Article 458 of the Criminal Code punishes witnesses who fail to provide truthful testimony in court, as well as those who knowingly present false witnesses or deceitful experts or interpreters. The legal right protected is the normal development of the evidentiary phase.
Article 455 of the Penal Code punishes with a fine of six to twelve months anyone who, in exercising their own rights and acting outside of legal channels, uses violence, intimidation, or force against objects.
