False accusation, sect. 164 StGB (German Criminal Code)

Our client called us, deeply concerned. She reported that her former partner was accusing her of makingfalse allegations. The background to this was a complaint of assault that she had filed against him in the past. The case was dismissed because the assault could not be proven. In the course of disputes over custody of their child, our client occasionally referred to this incident. As a result, her former partner filed a criminal complaint against her. He claimed she was not allowed to mention this incident after the criminal case was closed.

In the event of a conviction for false accusation, the Criminal Code provides for imprisonment up to five years or a fine.

First we requested the case file, which we then discussed with our client. We drafted a statement in which we explained in detail why our client's behavior does not meet the requirements for any criminal conduct. The charge for false accusation requires that the accused person's innocence is proven and that the accuser knows that his or her claim is false. In this case, it could not be proven that the assault reported by our client did or did not happen. Thus, the innocence of her former partner was not established.

The prosecution was convinced by our argument. They dismissed the case due to lack of sufficient suspicion. Our client is relieved and happy that the case was concluded without a burdensome trial and, above all, without a conviction. 

If you are facing similar criminal charges, we recommend that you contact a criminal defense attorney as soon as possible. Especially during the preliminary investigation phase, it is often possible to secure a discreet dismissal of the case without having to involve a court. The attorneys at Hanse Strafrecht would be happy to advise you - please call us or contact us by email.