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
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.
Only the witness can be the active subject. However, in the specific form provided for in Article 461 (presentation of false witnesses or false experts or interpreters), anyone who engages in such conduct can be the active subject. The punishment is more severe if the presentation of false witnesses is carried out by a lawyer, solicitor, social worker, or representative of the Public Prosecutor’s Office, in the course of their professional activity or in the exercise of their functions.
No. Only malicious intent is possible. The subject must be willing and aware of the alteration of the truth and, therefore, of the false statement, regardless of the purpose or motive for such conduct.
Penalties are established based on the type of proceedings in which the false testimony occurred. Thus, they are classified from greater to lesser severity depending on whether the false testimony was given in a criminal case with a conviction, a criminal case without a conviction, or other cases.
Prison sentences of six months to two years and a fine of three to six months are contemplated for anyone who commits false testimony in a court case.
A prison sentence of one to three years and a fine of six to twelve months is imposed on anyone who makes false statements against a defendant in a criminal case. If the testimony results in a conviction, the higher penalties will be imposed. This means that the sentence, in this case, can reach four years and six months in prison.
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.
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.
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.
