Constitutional Court Judgement

In this regard the Constitutional Court Judgement 31/1981. The nuances to consider, outlines the common behaviors and the consequences of any complaints, which occur in the area of the relationships studied are: – Lack of specificity of the type alleged by the complainant undertakes to make the most favorable interpretation for the defendant. (AP Granada, S8.3.2007 1st sec.) – The statements made by the accused in his defense and explanation of the facts that imply, should be interpreted as the right not to incriminate himself and not pleading guilty to assisting you. (AP Granada, 2nd S7.3.2007 sec.) – Awareness of inveracidad of the complaints, not their mere inaccuracy, constitute the offense of the crime of false accusation and allows convict the accused. (AP Valencia, S26.2.2007 1st sec.) – The falsity of the complaint does not necessarily follow the acquittal or the file actions, which may respond to reasons other than lack of veracity of the complaint made.

(AP Madrid, 5th sec, A 26/02/2007). However, professional charges exist no author, leading police and judicial action, if you set the crime of false accusation. (AP Madrid, 09/02/2007 S 16th sec.) The assessment of the evidence consisting of a personal testimony can only be made by the court before which the practice and provided that the mediated "immediacy, contradiction and advertising" in preserving the presumption of innocence to the extent provided for in Article 24.2 EC and doctrinal interpretation compared to the same Constitutional Court and European Court of Human Rights. (AP Lleida, 1st sec S 19.12.2006).

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