How To Defend Yourself Against False Accusations?
In the case of false accusations, the perpetrator can make himself liable to prosecution under various sections of the StGB. So How To Defend Yourself Against False Accusations?
For example, criminal liability for pretending to be a criminal offense under Section 145d of the Criminal Code may be considered. If a witness intentionally testifies wrongly in court, he can make the wrong, insolent testimony. Make § 153 criminal offense. Anyone who gives false information under oath in court is liable to perjury under Section 154 of the Criminal Code. If a witness gives a false affidavit, he may make himself liable to prosecution according to § 156 StGB.
It can be a personal act of revenge or the attempt to get rid of a professional or private competitor: It happens again and again that one person accuses another against their better judgment of a crime. While there is nothing to fear if you mistakenly suspect someone incorrectly, making a knowingly false accusation is a criminal offense.
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False accusations are increasingly common in sexual crimes, but also in other allegations such as the alleged use of force. No actual criminal offenses should be talked about here, but it has actually been proven, based on the figures, that a very high number of false accusations exist and it currently does not appear that false accusations will no longer occur overnight.
Mentally related causes are the most common reason for false accusations
Interestingly, however, it is not even the targeted, deliberate false accusations, be it out of revenge or to gain an advantage, but quite often conflicts in the family and partnership, the concealment of sexual relationships, feelings of embarrassment and the need to make oneself important, pity or To attract attention or psychologically induced false accusations that make uncovering the untruth even more difficult.
Gullibility and hasty judgment by the police, courts and the public in favor of alleged victims
To make matters worse, it is made extremely easy for the alleged victims of sexual offenses to be prematurely believed and thus to bring the wrongly accused into massive problems. Because the police, public prosecutor, and the court have developed a real victim mentality so that whoever claims to be a victim of a crime is rashly seen as a victim by the law enforcement authorities. (How To Defend Yourself Against False Accusations?)
Sentence: up to five years imprisonment for false accusations
In cases where the layperson is convicted of deliberate false accusation, the penalty for a false suspicion ranges from a fine to five years in prison. What happens to the offender depends on the offense the other person suspects of. It makes a difference whether it is theft, tax evasion or even planning a terrorist attack.
It depends and is also important which investigative measures trigger false suspicion. If only two officers drop by to take a look around the suspect’s home, of course, this ties up fewer resources for the investigative authorities than a nationwide manhunt or DNA tests on a large group of people. This has a corresponding effect on the sentence.
So How To Defend Yourself Against False Accusations?
The answer sounds simple, but it is not easy to understand for many. You definitely need to consult a lawyer who specializes in the area of law where you are accused of having committed a criminal offense. It doesn’t matter if you, as the suspect, know for yourself that you are innocent. If there is a complaint, you must act to avoid being convicted. You should refrain from defending yourself in court, and the more specialized and competent your lawyer, the better the chances of successfully defending you in court. Our specialist law firm can assist you competently and defend you excellently based on our many years of experience and specialist knowledge. Make an appointment today in our office in Berlin and tell us about your case.