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A judge opens proceedings against the false victim of Malasaña for simulating a crime

National Police vehicle. (Photo: NATIONAL POLICE / Europa Press)

The Investigative Court number 52 of Madrid has opened preliminary proceedings against the young man who denounced having suffered a false homophobic aggression for the alleged commission of a crime of simulation of a crime, legal sources have informed Europa Press.

The opening of preliminary proceedings took place after the instructor received the police report with the data provided after the boy confessed that he had falsified his testimony to prevent his partner from discovering an infidelity.

This same judge has already opened proceedings when he received the injury report of the alleged assault that the complainant claimed to have suffered in the doorway of his house in the Malasaña neighborhood at the hands of eight hooded men, a story that turned out to be false.

A fine “from six to twelve months”

The proceedings are opened for a simulation of crime, which carries a fine of between six and twelve months. The case could be settled in a misdemeanor trial, which could be held in a few months.

Article 456 of the Penal Code establishes that the crime of false reporting refers to those who, “with knowledge of their falsehood or reckless disregard for the truth, accuse a person of acts that, if true, would constitute a criminal offense, if this accusation it was done before a judicial or administrative official who has the duty to proceed with its investigation, ”the criminal prosecutor responds.

While article 457 of the Penal Code refers to “anyone who, before any of the officials mentioned in the previous article, pretends to be responsible or victim of a criminal offense or denounces a non-existent one, causing procedural actions, will be punished with a fine of six to twelve months ”.

This article originally appeared on The HuffPost and has been updated.

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