What are the penalties related to the crime of filing a False Claim ("Denuncia Falsa")?


According to article 456.1 of the Penal Code, the punishment established for the crime in question will be:

  • Imprisonment of six months to two years and a fine of twelve to twenty-four months, if a serious crime is charged.

  • Penalty of a fine of twelve to twenty-four months, if a less serious crime is charged.

  • Penalty of a fine of three to six months, if a minor crime is charged.


What requirements are needed to confirm we are in the presence of a false complaint?


The elements that we will mention below are essential to be able to affirm the concurrence of a crime of false reporting:

  • Accusation of specific facts against a specific person.

  • The imputed action must be unlawful.

  • False content of the imputation.

  • Report to an authority.

  • Bad faith on the part of the person who files the imputation knowing of its untrue content.

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