Being accused of a criminal offence is usually a huge shock for those affected, especially if they are not aware of any wrongdoing. However, receiving a criminal complaint or a summons for questioning as a suspect does not always mean that the recipients are actually guilty. In many cases, these are also false accusations.
But how do you defend yourself against false accusations? And what if the accusations against me are deliberately made? In this article, we inform you about everything you need to know in the event of a false suspicion or accusation.
You are being accused? Seek criminal law support from an expert as quickly as possible. As experienced criminal defense attorneys, we have already achieved early dismissal of proceedings, reduced sentences, or acquittals for many clients. We are happy to provide you with legal assistance in the event of an accusation and advise you comprehensively on a possible defense strategy. Arrange an initial consultation with us at any time.
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Received a false accusation: What to do?
If you are facing a false accusation, you should proceed calmly and strategically. Here are the essential steps you should consider:
- Remain calm: It is important to stay calm and not take any hasty actions. Any emotional or rash reaction can later be used against you.
- Documentation and preservation of evidence: Immediately collect all relevant information and evidence that can prove your innocence. This includes written records, emails, text messages, witness statements, or other relevant documents. Keep a precise record of the accusations and your responses.
- Confidential consultation: Seek legal advice early. An experienced attorney can help you develop a sound defense strategy and discuss the legal steps appropriate in your case.
- No public statements: Avoid making statements about the accusation on social media or to third parties. Everything you say could be used against you in subsequent proceedings.
- Counter-accusation: Depending on the severity of the false accusation and its impact on your reputation or career, it may be advisable to consider legal action for defamation or slander. This can be particularly appropriate if the accusations are publicly or professionally damaging.
- Cooperation with authorities: Should the false accusations be raised in a criminal law context, it may be appropriate in individual cases to cooperate with the authorities. If this should be considered at all, it can only be done after thorough consultation with a criminal defense attorney. Do not make any statements without legal counsel.
A prudent and legally sound approach is the key to refuting the accusation and minimizing potential legal damage. Even the justice system makes mistakes often enough, so you must never rely on the fact that if you tell the truth, this will be believed by everyone afterward and the proceedings will be dismissed. Practice shows that clients who have not received legal advice often go to the police because they have nothing to hide and this must be a mistake, and make a statement. Later, however, they stand before the court as defendants. Do not let it get that far and contact a criminal defense attorney in time.
When is a false accusation punishable?
A false accusation exists when someone, against better knowledge, suspects another person of an unlawful act or violation of an official duty with the intention of bringing about official proceedings or other official measures against them. This is the case when a complaint is filed against another person, even though the person filing the complaint is aware that this is not true.
According to § 164 StGB, a false accusation toward an official, an authority, or in public is punishable. A prerequisite for criminal liability is that the acting person acts intentionally or against better knowledge. This means they must know that their claim is false and that the affected person is thereby exposed to legal danger. Furthermore, there must be the intention that the accusation will initiate or continue official proceedings against the accused person.
What penalty is threatened for a false accusation?
For a false accusation, a prison sentence of up to five years or a fine is threatened. However, if the accusation is made with the aim of obtaining a reduced sentence or exemption from punishment (for example, under § 31 BtMG or § 46b StGB), a prison sentence of at least six months to ten years is provided.
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How do you defend yourself against false accusations?
When a false accusation has been exposed, the affected persons have various rights to defend themselves against the unjustified allegations and to remedy possible damages. These rights include in particular:
- Rehabilitation of reputation: Affected persons have the right to have their name and reputation restored. This can be done through public statements or corrections by the authorities or through court orders. Particularly in the case of accusations that have been made public, affected persons can insist on a correction to counteract damage to their reputation.
- Claims for damages: If the false accusation has led to financial damage, such as through loss of employment or income, affected persons can demand compensation. The claim is directed against the person who made the false accusation. The damage incurred and the connection with the false accusation must be proven.
- Pain and suffering compensation: In addition to financial damage, non-material damage, such as emotional suffering or psychological stress caused by the false accusations, can also be claimed. In these cases, affected persons are entitled to compensation for pain and suffering.
- Criminal complaint for defamation or slander: If the accusation was made intentionally and against better knowledge, affected persons can file a criminal complaint for defamation (§ 187 StGB) or slander (§ 186 StGB). If the false accusation was made to authorities, a complaint for false accusation (§ 164 StGB) may also be considered. If the false accusation led to pretrial detention for the accused, false imprisonment through indirect perpetration may also apply. In serious cases, the perpetrator faces severe penalties, including imprisonment.
- Claim for compensation in case of deprivation of liberty: Should the false accusation have led to pretrial detention, affected persons are entitled to compensation under the Act on Compensation for Criminal Prosecution Measures (StrEG). This includes compensation for deprivation of liberty suffered as well as resulting material and non-material damages.
- Right to legal support: Affected persons have the right at any time to be advised and represented by an attorney. An experienced attorney can help enforce rights, whether through out-of-court negotiations or by initiating court proceedings.
Overall, persons affected by a false accusation have comprehensive rights to defend themselves against the injustice and to compensate for possible material and non-material damages.
False accusation: How an attorney can help you
An attorney can support you in various ways in cases of false accusation. First, they will conduct a careful analysis of the allegations, secure evidence, and develop a defense strategy. We are happy to advise you on how you should conduct yourself and ensure that your rights are protected, particularly the right to remain silent and to legal counsel.
An experienced criminal defense attorney will communicate with authorities on your behalf and ensure that no rash statements are made that could worsen your position. Should it be necessary, the attorney can file motions for evidence, name exculpatory witnesses, or obtain expert opinions to refute the accusations.
Furthermore, an attorney will support you in enforcing claims if the false accusation proves to be damaging to your reputation or gives rise to compensation. In any case, they will protect your interests and ensure that legal steps, such as claims for damages or criminal complaints against the defamer, are taken.
As experienced criminal defense attorneys, we have already achieved early dismissal of proceedings, reduced sentences, or acquittals for many clients. We are happy to provide legal representation if you face an accusation and will advise you comprehensively on a possible defense strategy. Schedule an initial consultation with us at any time.
Let's talk!
Call us anytime at:
Or leave us your name and phone number, and our experts will call you back.
