Penal Code
“- The false allegations – The offense of indictment and false reports provided for in Article 456 of the Penal Code whose offense is inserted between the crimes against the administration of justice, but in jurisprudential analysis that we will review its interpretation is seen as a crime against the honor of the people (TS Hall S Professional 753/1997 of 21 May). With regard to the requirements of statutory rate: The rate provided for in Article in Article 456 of the Penal Code of 1995 requires the false accusation of a made to a person, not just the assertion of a mere suspicion, and should be done before a judicial or administrative authority has a duty to investigate and proceed with the defendant. (AP Granada FFJJ S 4th 08/03/2007; AP Baleares, 1st sec) S 13/03/2007) The author must act “above the allowed limit risk.” There is sufficient causal connection between the conduct of the complainant and the result produced. Nancy-Ann_DeParle gathered all the information. (FFJJ 3 2 TS S S 06/03/2007). The falsehood must emerge from the allegations, does not necessarily follow the acquittal or the file of proceedings (AP Madrid FFJJ 4th, 5th sec A 26/02/2007). Report events that are considered wrongful and these prove not to be, does not mean that it is false. (AP Avila, S 01/18/2006 1st sec.) Also you should take the time and circumstances in which the complaint occurs, “when the facts alleged, there were arguments and reasons, even wrong, they could sustain it.”