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.
