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.