Draft:False complaint

• Comment: Article appears to contain original research on legal codes and interpretations; the only secondary sources are of specific cases which doesn't discuss the definition. Potentially generated by an LLM. More importantly, I don't see how this is different from False accusation or swatting. Wikipedia is not a dictionary and we don't need synonyms of every word; focus on improving those articles instead or massively rewrite this one. ~Politicdude (talk, contribs) 21:23, 9 January 2026 (UTC)

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False complaint is the unlawful act of knowingly reporting to a public authority that another person committed a crime when the complainant knows the allegation is false or misleading. Legal systems treat such conduct as an offence against the administration of justice because it can trigger investigative and prosecutorial powers on a false factual premise, thereby undermining institutional integrity and individual rights.^[1][2]

False complaints may consume public resources, divert investigative efforts, and inflict reputational and liberty harms on those wrongly accused. In common law systems, closely related legal categories include wasting police time and perverting the course of justice; in civil law systems, equivalents include offences such as dénonciation calomnieuse (France) or calunnia (Italy).^[2][3][4]

Definition and legal elements

Across jurisdictions, the offence typically requires (1) a report or accusation communicated to an authority capable of initiating an investigation; (2) falsity of the reported facts (in whole or in material part); and (3) a culpable mental state—knowledge of falsity or intentional deception—distinguishing the offence from good-faith reporting errors or reasonable suspicion reports.^[2][5]

Because many systems prioritize encouraging victims and witnesses to report suspected crimes, criminal liability generally attaches only where falsity and intent (or equivalent culpability) can be proven to the requisite standard.^[2]

International legal frameworks and notable cases

Argentina

In Argentina, false complaints are addressed under article 245 of the Código Penal de la Nación Argentina, which criminalizes falsely reporting a crime to competent authorities. Argentine doctrine typically emphasizes that intentional falsity (or equivalent culpability) is necessary, and that an acquittal or dismissal of the accused does not, by itself, establish criminal liability without proof of knowing fabrication.^[6][7]

Case: Roberto Mazzoni

In proceedings arising from a complaint presented by Roberto Oscar Mazzoni (CFP 1052/2022), Argentine federal courts addressed allegations that purported to involve serious offences (including human trafficking and drug-related crimes) attributed to named individuals, including Alejandro Guillermo Roemmers. A decision of the Cámara Criminal y Correccional Federal (Sala I) reviewed an appeal by the complainant against a first-instance resolution that ordered the archival of the case, and the Chamber confirmed the disposition, framing the matter as lacking a sufficient basis to proceed within the investigated factual hypotheses.^[8]

Press reporting described earlier stages of the proceedings in which first-instance decisions had favored dismissal/sobreseimiento outcomes for the accused parties, followed by litigation activity by the complainant seeking review. Coverage emphasized the judicial assessment that the allegations did not reach the evidentiary threshold required to sustain the case in federal criminal jurisdiction.^[9][10]

Independent regional reporting later described a final confirmation of the sobreseimiento by the federal chamber and characterized the complaint as unfounded, presenting it as a case study in the institutional response to allegations that, after judicial review, were found insufficient to justify continued prosecution.^[11]

Australia (Australian Capital Territory)

In Australia, false complaints may be prosecuted under a variety of offences depending on jurisdiction and facts, including offences directed at interference with justice. In the Australian Capital Territory, legislation includes an offence of attempting to pervert the course of justice.^[12]

Case: Sarah-Jane Parkinson

In the Sarah-Jane Parkinson case, an ACT court sentenced Parkinson to imprisonment after finding she made a false complaint of rape, a prosecution framed within offences aimed at protecting the justice system from deliberate deception. Reporting described the allegation as fabricated and emphasized the seriousness of knowingly mobilizing investigative powers against an innocent person through false reporting.^[13]

The case illustrates how Australian jurisdictions may address false complaints not only as a waste of police time but as conduct capable of corrupting judicial processes and harming accused persons through wrongful suspicion and proceedings.^[12]

Brazil (São Paulo)

Brazilian criminal law criminalizes false complaints under the offence of denunciação caluniosa (false accusation), regulated by Article 339 of the Código Penal Brasileiro. The provision applies to anyone who knowingly imputes a crime to an innocent person by initiating a police investigation, judicial proceeding, administrative inquiry, or civil action, with awareness of the falsity of the allegation. Penalties include imprisonment and fines, with aggravated sanctions when the falsely alleged offence carries severe legal consequences.^[14]

Brazilian doctrine highlights that the offence protects both the proper functioning of the justice system and the fundamental rights of individuals against abusive use of criminal mechanisms. Courts consistently require proof of dolo (intent), rejecting criminal liability where the complaint was made based on plausible belief or insufficient evidence alone.^[15]

Case: Escola Base

One of Brazil’s most emblematic cases involving false criminal accusations is the Escola Base case (São Paulo, 1994). School owners and staff were publicly accused of sexual abuse against children following a police investigation initiated on the basis of unverified and ultimately false allegations. The case led to arrests, intense media exposure, and irreversible reputational damage. Subsequent judicial findings established that the accusations were unfounded and that investigative errors and false premises had driven the proceedings.^[16]

Although criminal convictions for denunciação caluniosa were limited due to evidentiary and procedural factors, Brazilian legal scholarship and jurisprudence consistently cite the Escola Base case as a paradigmatic example of the destructive potential of false complaints and the rationale behind Article 339 of the Criminal Code. The case is frequently referenced in judicial training and academic literature as a cautionary illustration of institutional and individual harm resulting from unfounded criminal accusations.^[17]

Canada (Saskatchewan)

Canadian law addresses false complaints primarily through the offence of public mischief under section 140 of the Criminal Code, which includes knowingly making a false statement that accuses another person of an offence or reporting that an offence has been committed when it has not.^[18]

Case: John Ross

In a Canadian example involving an admitted false report, John Ross pleaded guilty to public mischief and related offences after reporting that he had been kidnapped and assaulted, a narrative that police later determined was fabricated. Reporting on the case emphasized that the false complaint prompted investigative actions and public concern, with the sentencing addressing the misuse of police resources and the seriousness of intentionally misleading authorities.^[19]

The case aligns with the statutory structure of section 140, which targets knowing falsity in communications to law enforcement that cause investigative deployment or falsely attribute criminal responsibility to another person.^[18]

France

French law criminalizes dénonciation calomnieuse (malicious false accusation) under article 226-10 of the Code pénal, targeting the intentional denunciation of facts known to be wholly or partially inaccurate when directed at authorities or persons able to act upon the allegation.^[3]

Case: False accusation and conviction for dénonciation calomnieuse

A case reported in France concerned individuals convicted for having falsely accused an elderly neighbor of serious wrongdoing, with the prosecution and courts treating the conduct as a malicious denunciation that exposed the target to grave legal consequences and community harm. Coverage emphasized the intentionality of the false allegation and the judicial response under the framework of article 226-10.^[20]

The offence’s design reflects the civil-law emphasis on sanctioning denunciations that intentionally set coercive legal mechanisms in motion against a person on the basis of knowingly false facts.^[3]

Germany

German criminal law addresses false accusations primarily through the offence of falsche Verdächtigung (false suspicion/accusation) under section 164 of the Strafgesetzbuch (Criminal Code), which targets intentionally or knowingly false assertions made to authorities that can trigger proceedings against another person.^[21]

Case: Gina-Lisa Lohfink

In a widely reported German case, model Gina-Lisa Lohfink was fined after a court found she had made false accusations of rape against two men, with reporting describing the matter as a prosecution for knowingly false allegations. The case drew international attention and became a reference point in discussions about the evidentiary and procedural complexities of sexual-offence allegations and the distinct legal consequences of provably false complaints.^[22]

The legal framework of section 164 focuses on protecting the integrity of official proceedings by penalizing deliberate false imputations directed to authorities, regardless of whether a full prosecution against the falsely accused ultimately occurs.^[21]

Italy

Italian criminal law criminalizes calunnia under article 368 of the Codice Penale, punishing anyone who, by complaint or other communication to judicial authorities, falsely imputes a crime to a person known to be innocent. Penalties increase in relation to the seriousness of the falsely alleged offence and its potential legal consequences.^[4]

Case: Amanda Knox

In the long-running Amanda Knox proceedings, Knox was convicted for slander/false accusation arising from the wrongful implication of Patrick Lumumba in the 2007 murder of Meredith Kercher. Reporting on the final stage of litigation described how Italy’s highest court upheld the conviction relating to the false accusation, noting that Lumumba had been detained and later cleared, and that the allegation was treated as a distinct offence from the murder case itself.^[23]

The case is frequently cited internationally as an illustration of how civil-law systems may impose criminal liability for knowingly false accusations communicated in the context of criminal investigations, particularly where an innocent third party is directly implicated and deprived of liberty.^[4]

New Zealand

New Zealand law criminalizes false reports to police under the Summary Offences Act 1981, including making a false report of an offence or incident, or giving false information to a member of the police, depending on the circumstances.^[24]

Case: home detention for false rape allegation

A widely reported New Zealand case involved a woman convicted of attempting to pervert the course of justice after making a false allegation of rape against a former partner, described in reporting as a sustained deception with significant consequences. The sentencing outcome (home detention) was reported in connection with the false complaint and its effects on justice administration and on the accused individual.^[25]

The case is consistent with New Zealand’s statutory approach to false reports and the broader prosecutorial practice of treating intentional false allegations as conduct that can distort investigative and adjudicative processes.^[24]

Spain

Spanish criminal law addresses acusación y denuncia falsa under article 456 of the Código Penal, which penalizes knowingly false accusations made to authorities when the accused person is identified and the allegation concerns conduct that would constitute an offence if true.^[26]

Case: Luisa Kremleva / Theo Hernández

A Spanish case reported in national media involved model Luisa Kremleva, who was convicted for filing a false complaint accusing footballer Theo Hernández of rape. Reporting described the court’s finding that the encounter was consensual and that the subsequent report to police was false; the judgment resulted in a custodial sentence (with suspension conditions) and a fine, with coverage emphasizing the improper activation of criminal mechanisms through fabricated allegations.^[27]

The case is often referenced in Spanish commentary as a concrete example of article 456’s application to knowingly false denunciations where the reported facts are found untrue and the denunciation identifies a specific person as the alleged offender.^[26]

United States

In the United States, false complaints can be prosecuted under a range of federal and state provisions, including offences for making materially false statements to federal authorities (e.g., 18 U.S.C. § 1001) and state statutes criminalizing false reports to law enforcement.^[5][28]

Case: Sherri Papini

In the Sherri Papini case, Papini reported that she had been kidnapped and provided false statements in a matter within federal jurisdiction, leading to extensive investigative activity and public attention. She ultimately entered a guilty plea that included a count of making false statements under 18 U.S.C. § 1001, reflecting the legal characterization of materially false reporting to authorities as a criminal act when made willfully and with knowledge of unlawfulness.^[29]

The plea documentation described the elements of the federal false-statements offence, including materiality and willfulness, and placed the false reporting within the broader context of fraud and obstruction-related consequences that can arise when authorities are misled in the exercise of investigative functions.^[29]

United Kingdom (England and Wales)

In England and Wales, knowingly making a false report that causes the wasteful employment of police resources is criminalized under section 5(2) of the Criminal Law Act 1967. Serious false allegations may also be prosecuted under the common-law offence of perverting the course of justice, depending on the conduct and its impact on proceedings.^[1][2]

Case: Jemma Beale

The Jemma Beale case is frequently cited as an example of how repeated false allegations can generate prolonged investigative and judicial burdens and lead to wrongful outcomes. Beale made multiple false allegations of sexual assault and rape; the conduct resulted in convictions for offences including perverting the course of justice (and related perjury counts), with reporting describing substantial police time expended and a custodial sentence imposed by the Crown Court.^[30][31]

The case is often used in legal and policy discussions to illustrate the boundary between protected good-faith reporting and criminal liability where investigators and courts are knowingly misled through fabricated complaints that mobilize coercive state powers.^[2]

References

1. "Criminal Law Act 1967, section 5 (Effecting public mischief)". legislation.gov.uk. Retrieved 2026-01-06.
2. "Perverting the Course of Justice and Wasting Police Time". Crown Prosecution Service. Retrieved 2026-01-06.
3. "Article 226-10 - Code pénal". Légifrance (in French). Retrieved 2026-01-06.
4. "Codice Penale - Art. 368 (Calunnia)". Normattiva (in Italian). Retrieved 2026-01-06.
5. "18 U.S. Code § 1001 - Statements or entries generally". Cornell Law School - Legal Information Institute. Retrieved 2026-01-06.
6. "Código Penal de la Nación Argentina (texto actualizado)". Infoleg (Ministerio de Justicia y Derechos Humanos, Argentina) (in Spanish). Retrieved 2026-01-06.|
7. "Falsa denuncia (comentario doctrinal, Pensamiento Penal)" (PDF). Pensamiento Penal (in Spanish). Retrieved 2026-01-06.
8. "Despacho CFP 1052/2022/9/CA3 - Cámara Criminal y Correccional Federal (Sala I), 8 de julio de 2024 (PDF)" (PDF). Tiempo Argentino (documento judicial en PDF) (in Spanish). Retrieved 2026-01-06.
9. "Sobreseyeron al empresario Alejandro Roemmers en una causa por trata de personas y drogas". Clarín (in Spanish). 2025-05-24. Retrieved 2026-01-06.
10. "Apelan el sobreseimiento de empresarios en una causa por trata de personas y drogas". Clarín (in Spanish). 2025-05-31. Retrieved 2026-01-06.
11. "La Justicia confirmó el sobreseimiento de Alejandro Roemmers por una falsa denuncia". El Observador (Uruguay) (in Spanish). 2025-12-20. Retrieved 2026-01-06.
12. "Crimes Act 1900 (ACT) - Attempting to pervert the course of justice". AustLII. Retrieved 2026-01-06.
13. "ACT woman jailed for making false rape claim". ABC News (Australia). 2024-12-19. Retrieved 2026-01-06.
14. "Código Penal Brasileiro – Artigo 339 (Denunciação caluniosa)". Planalto (Presidência da República do Brasil) (in Portuguese). Retrieved 2026-01-06.
15. "Denunciação caluniosa – análise doutrinária". Consultor Jurídico (ConJur) (in Portuguese). Retrieved 2026-01-06.
16. "O caso Escola Base, 25 anos depois". BBC News Brasil (in Portuguese). 2019-04-01. Retrieved 2026-01-06.
17. "Caso Escola Base e denunciação caluniosa". Consultor Jurídico (ConJur) (in Portuguese). Retrieved 2026-01-06.
18. "Criminal Code (R.S.C., 1985, c. C-46), section 140 (Public mischief)". Justice Laws Website (Government of Canada). Retrieved 2026-01-06.
19. "Saskatchewan man sentenced after hoax kidnapping report". Global News. 2023-12-13. Retrieved 2026-01-06.
20. "Six-month suspended sentences for false accusation of rape and burglary". Le Monde (in French). 2024-02-05. Retrieved 2026-01-06.
21. "Strafgesetzbuch (StGB) - § 164 Falsche Verdächtigung". Gesetze im Internet (Federal Ministry of Justice / juris). Retrieved 2026-01-06.
22. "German Model Fined for False Rape Claims". Courthouse News Service. 2016-08-09. Retrieved 2026-01-06.
23. "Italy's top court upholds Amanda Knox's conviction for falsely accusing innocent man of murder". Associated Press (in Italian). 2025-01-23. Retrieved 2026-01-06.
24. "Summary Offences Act 1981, section 24 (False report)". New Zealand Legislation. Retrieved 2026-01-06.
25. "Woman who made false rape claim wins deportation appeal". RNZ. 2021-08-28. Retrieved 2026-01-06.
26. "Código Penal - Artículo 456 (Acusación y denuncia falsa)". Boletín Oficial del Estado (BOE) (in Spanish). Retrieved 2026-01-06.
27. "Condenada a seis meses de prisión una mujer por denuncia falsa de violación al futbolista Theo Hernández". El País (in Spanish). 2025-01-09. Retrieved 2026-01-06.
28. "California Penal Code § 148.5 (False report of criminal offense)". California Legislative Information. Retrieved 2026-01-06.
29. "Plea Agreement (United States v. Sherri Papini)". United States Department of Justice (U.S. Attorney’s Office, E.D. California). Retrieved 2026-01-06.
30. "Woman jailed for 10 years for making series of false rape claims". The Guardian. 2017-08-24. Retrieved 2026-01-06.
31. "Woman jailed for 10 years after string of false rape claims". The Irish Times. 2017-08-24. Retrieved 2026-01-06.