{"id":1077,"date":"2023-02-02T17:05:24","date_gmt":"2023-02-02T16:05:24","guid":{"rendered":"https:\/\/www.loispamelalesot.com\/2023\/02\/02\/droit-penal-copy\/"},"modified":"2024-07-03T11:44:46","modified_gmt":"2024-07-03T09:44:46","slug":"la-denonciation-calomnieuse","status":"publish","type":"post","link":"https:\/\/www.loispamelalesot.com\/en\/2023\/02\/02\/la-denonciation-calomnieuse\/","title":{"rendered":"False accusation"},"content":{"rendered":"
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False accusation<\/h1>\n<\/div><\/div>\n\n\n\n


<\/p>\n\n\n\n

False accusation, provided for and punished under Article 226-10 of the Criminal Code<\/a>, is an offense defined as \u201cthe reporting, by any means and directed against a specific person, of a fact likely to lead to judicial, administrative, or disciplinary sanctions, which is known to be wholly or partially inaccurate, when it is addressed either to a judicial authority or an administrative or judicial police officer, or to an authority empowered to act on it or refer it to the competent authority, or to the hierarchical superiors or employer of the person reported<\/em>.\u201d<\/p>\n\n\n\n

False accusation is punishable by 5 years\u2019 imprisonment and a \u20ac45,000 fine.<\/p>\n\n\n\n

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  1. The victim of the false accusation<\/strong><\/li>\n<\/ol>\n\n\n\n

    The victim of a false accusation must be a specific, identifiable person.<\/p>\n\n\n\n

    They must be identified or identifiable: if they are not expressly named, they must be described in terms that allow them to be identified.<\/p>\n\n\n\n

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    1. A reported act that is subject to sanctions<\/strong><\/li>\n<\/ol>\n\n\n\n

      The report must be of a nature likely to lead to judicial, administrative, or disciplinary sanctions.<\/p>\n\n\n\n

      This also implies that the alleged act must be sufficiently precise and identifiable.<\/p>\n\n\n\n

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      1. The falsity of the reported act<\/strong><\/li>\n<\/ol>\n\n\n\n

        The reported act must be false, meaning it must be wholly or partially inaccurate.<\/p>\n\n\n\n

        Thus, if the reported facts have resulted in a final criminal conviction, no prosecution for false accusation is possible.<\/p>\n\n\n\n

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        1. The form of the report<\/strong><\/li>\n<\/ol>\n\n\n\n

          The report must have been made voluntarily, that is, on the initiative of the person who made it.<\/p>\n\n\n\n

          This is not the case, for example, when the person making the report was under an obligation to inform their hierarchical superior of the facts, or when the report is made to the police as part of an investigation.<\/p>\n\n\n\n

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          1. The recipient of the report<\/strong><\/li>\n<\/ol>\n\n\n\n

            The report must be addressed either to a judicial authority or to an administrative or judicial police officer, or to an authority empowered to act on it or refer it to the competent authority (doctor, social worker, union representative, president of a commercial court, etc.), or to the hierarchical superiors or the employer of the person reported.<\/p>\n\n\n\n

            It does not matter whether the authority receiving the report actually took action on it or referred it to the competent authority.<\/p>\n\n\n\n

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            1. The intentional element<\/strong><\/li>\n<\/ol>\n\n\n\n

              The perpetrator of the offense must be aware of the total or partial falsity of the reported facts and must also be aware that, by making this report, they are exposing the victim to a risk of sanctions.<\/p>\n\n\n\n


              The distinction between false accusation, insult, and defamation<\/span><\/p>\n\n\n\n

              Insult and defamation are offenses under press and media law, provided for and punished by the Law of July 29, 1881 on the freedom of the press.<\/p>\n\n\n\n