If someone falsely accuses me, can I countersue them for false accusation?

Not necessarily. The crime of false accusation is not automatically established simply because the case results in non-prosecution or acquittal, or because the other party’s statements are inconsistent with the facts. It must be proven that the other party intentionally fabricated facts or forged or altered evidence, with the purpose of causing another person to be subject to criminal punishment or disciplinary action.

Does a non-prosecution disposition mean the other party committed false accusation?

No. A non-prosecution disposition usually only means that the prosecutor considers the evidence insufficient or that the case does not meet the requirements for prosecution. It does not necessarily mean that the complainant intentionally fabricated facts. If the other party had a basis for reasonable suspicion, even if the alleged crime cannot ultimately be proven, it does not necessarily constitute false accusation.

What are the elements of the crime of false accusation?

The crime of false accusation generally requires the intent to cause another person to be subject to criminal punishment or disciplinary action, making a false accusation to the competent public official, or forging, altering, or using forged or altered evidence. The key issue is whether there was intentional fabrication of facts.

What is the penalty for false accusation?

Under Article 169 of the Criminal Code, the general crime of false accusation is punishable by imprisonment for not more than seven years. If the offense is committed with the intent to frame a lineal ascendant by blood, the punishment may be increased by up to one-half under Article 170. If a person falsely reports a crime without designating a specific offender, Article 171 provides for imprisonment for not more than one year, short-term imprisonment, or a fine of not more than NT$9,000.

Can a false accusation case be withdrawn after settlement?

False accusation is an offense not subject to private prosecution upon complaint. Once it enters public prosecution or private prosecution proceedings, the case cannot simply be withdrawn because the parties have reached a settlement. However, settlement may still affect sentencing and may be considered by the judge when determining the punishment.

False Accusation | Legal Risks and Remedies-

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False Accusation | Legal Risks and Remedies

Criminal False Accusation

The law grants everyone the right to file a complaint. However, in recent years, the abuse of accusations and reports has become increasingly rampant. It is common to see people make allegations rashly without any evidence, while some people insist on litigation even though they know the claims are inconsistent with the facts. Such conduct not only negatively affects the lives of the parties involved and damages their reputation, but may also result in injustice. The “crime of false accusation” exists precisely to prevent the abuse of the state judicial system, where the act of “filing a complaint” is misused as a means of private retaliation or resolving hatred, interfering with the normal exercise of judicial adjudicatory power while also wasting the time, manpower, and resources of the judicial system.

If I am falsely accused by someone, can I countersue the other party for false accusation?

Legally speaking, the crime of false accusation refers to intentionally fabricating or inventing facts, falsely claiming that another person has committed a crime, and making an untrue accusation. Its purpose is to cause the accused person to be subjected to criminal punishment or disciplinary action through fabricated false statements. Therefore, it should be noted that the crime of false accusation does not apply merely to false statements, rash complaints, or situations where one simply believes that the complainant had no basis or was speaking irresponsibly. Instead, there must be an intentionally fabricated false statement. Therefore, the key issue in the case is whether the other party intentionally fabricated facts, and whether there is evidence excluding the possibility of misunderstanding or reasonable suspicion.

Elements of false accusation

The general crime of false accusation is provided under Article 169 of the Criminal Code: “A person who, with the intent to cause another person to be subject to criminal punishment or disciplinary action, makes a false accusation to the competent public official shall be sentenced to imprisonment for not more than seven years. The same shall apply to a person who, with the intent to cause another person to be subject to criminal punishment or disciplinary action, forges or alters evidence, or uses forged or altered evidence.” In simple terms, only when there is intent, forged or altered evidence, and the purpose of causing another person to be subject to criminal punishment or disciplinary action, will it constitute false accusation.

In practice, parties often come to a lawyer and ask: “My case ended with a non-prosecution disposition! Doesn't that mean I did not commit any crime, and that they filed a false complaint against me? I want to sue them for false accusation!” “He told the prosecutor that I committed a crime, but now I have received a non-prosecution disposition! Isn't that fabricating facts?” After reviewing the elements of false accusation mentioned above, it should be clear that cases of this type cannot be filed as false accusation cases. In other words, even if the “facts” alleged by the other party are not true, as long as there is a basis for reasonable suspicion, even if there is insufficient evidence to prove the allegation, it does not constitute fabrication of facts.

Criminal liability for false accusation

The penalties for the crime of false accusation are expressly provided in the relevant legal provisions. Let us look at the provisions concerning false accusation and how the liability is determined.

Article 169 of the Criminal Code — General crime of false accusation

A person who, with the intent to cause another person to be subject to criminal punishment or disciplinary action, makes a false accusation to the competent public official shall be sentenced to imprisonment for not more than seven years. The same shall apply to a person who, with the intent to cause another person to be subject to criminal punishment or disciplinary action, forges or alters evidence, or uses forged or altered evidence.

Article 170 of the Criminal Code — False accusation against a lineal ascendant by blood

A person who commits the offense under the preceding article with the intent to frame a lineal ascendant by blood shall have the punishment increased by up to one-half.

Article 171 of the Criminal Code — False accusation without designating a specific offender

A person who falsely reports a crime to the competent public official without designating a specific offender shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than NT$9,000. The same shall apply to a person who, without designating a specific offender, forges or alters criminal evidence, or uses forged or altered criminal evidence, thereby causing criminal proceedings to commence.

If the defendant in a false accusation case has reached a settlement, will they still be imprisoned?

False accusation seriously affects the state's criminal prosecution system. The victims of such conduct include not only innocent defendants, but also the credibility of the national judicial system. Therefore, under the law, the crime of false accusation is classified as an offense not subject to private prosecution upon complaint. Once it enters public prosecution proceedings or private prosecution proceedings, it cannot be withdrawn.

Although the crime of false accusation is categorized as an offense not subject to private prosecution upon complaint, once the prosecutor files a public prosecution or the private prosecutor files a lawsuit, the complainant or private prosecutor cannot withdraw the case. However, whether a settlement has been reached may still affect the range of punishment imposed by the judge when rendering a guilty judgment.

In conclusion, vexatious litigation is a serious legal issue. The abuse of the right to report and file complaints not only harms the parties involved, but also damages the normal operation of the judicial system. Therefore, we should exercise the right to report and file complaints with caution to ensure that justice can be served. If you or someone around you encounters a false accusation, it is advisable to seek assistance from a professional lawyer. A lawyer can provide legal advice, assist you in handling the case, and ensure that your rights and interests are protected.

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