False accusation 

Legal definiton 

Section 345 of the Criminal Code:

(1) Whoever falsely accuses another of committing a criminal offense shall be punished by imprisonment of up to two years.

(2) Whoever falsely accuses another of committing a criminal offense with the intent to initiate their criminal prosecution shall be punished by imprisonment of up to three years.

(3) The perpetrator shall be punished by imprisonment for one to five years if:

a) the act referred to in paragraph 1 or 2 is committed with the intent to obtain a benefit for themselves or another;

b) such an act is committed via print, film, radio, television, a publicly accessible computer network, or any similarly effective means;

c) such an act is committed with the intent to seriously harm another in their employment, disrupt their family relationships, or cause them another serious harm;

d) such an act is committed with the intent to conceal or downplay their own criminal offense; or

e) such an act is committed against another person who was fulfilling a duty arising from their employment, profession, position, or function, or imposed upon them by law.

(4) The perpetrator shall be punished by imprisonment for two to eight years if:

a) the act referred to in paragraph 1 or 2 is committed as a member of an organized group;

b) such an act causes significant damage; or

c) such an act results in substantial gain for themselves or another. 

(5) The perpetrator shall be punished by imprisonment for three to ten years if:

a) the act referred to in paragraph 1 or 2 causes large-scale damage; or 

b) such an act results in a large-scale  gain for themselves or another.

Subjective aspect - intent

False accusation is an intentional criminal offence. A criminal offence is committed intentionally if the perpetrator wanted to violate or endanger a legally protected interest in the manner specified by the Criminal Code (direct intent), or if the perpetrator knew that his actions could result in such a violation or endangerment and accepted the possibility of it occurring (indirect intent).

If the act can be deemed as mere negligence rather than intent, it does not constitute the described criminal offence. 

Defense

There are various defense strategies available. Given the elements of this crime, the following questions may be relevant: 

• How was the accusation made? Was it made before a court, a prosecutor, a police authority, or publicly? Or was it made to a close person without the intent of pursuing further consequences?
• What reaction did the perpetrator expect from the person to whom the accusation was made? What did they aim to achieve?
  
• How was the accusation formulated? Was it expressed with certainty or with doubts and reservations? Was it a categorical conclusion or merely an expression of suspicion?
  
• What falsehoods did the perpetrator include in the accusation? What did they withhold?
  
• What was the relationship between the perpetrator and the aggrieved party?
  
• What information did the perpetrator have regarding the content of the accusation? What was its source?
  
• Are there any circumstances excluding unlawfulness present?
• Was the perpetrator sane at the time of the act? Were they under the influence of alcohol, drugs, or mental illness?
• Was the perpetrator's intent directed towards the decisive facts?