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.