Paraguay Considers Bill to Criminalize False Accusations Amid Legal Doubts

The Chamber of Deputies is set to consider a bill introduced by Deputy Yamil Esgaib that seeks to impose severe penalties for false accusations, including up to six years in prison and financial compensation if the accused was deprived of their liberty. This initiative, however, has been met with significant skepticism from various judicial sectors who have voiced concerns regarding its potential for over-legislation and ambiguity.

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No one came Dr. González Macchi who prepared the project

While Esgaib, who chairs the Justice Commission, acknowledged that the bill was drafted by his advisor, José González Macchi, the advisor's absence during the public hearing left many questions unanswered. Esgaib himself admitted that the advisor might not have fully considered the implications raised by the judicial representatives.

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when the false accusation has caused the application of a restrictive measure of liberty of the accused within a criminal process, the penalty of deprivation of liberty will be up to 6 years; and compensation will be required.

The proposed amendment to Article 289 of the Penal Code has drawn particular attention for its severity. The addition of a clause that mandates a prison sentence of up to six years and financial compensation when a false accusation results in the deprivation of liberty for the accused is a point of contention. Representatives from the Public Ministry and the Public Defense Ministry have urged for a more precise wording to avoid misinterpretations and potential conflicts with existing legislation, such as Article 124 of the Penal Code.

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we suggest seeking a more precise wording regarding other measures that affect the falsely accused, such as a precautionary measure of a personal or real nature or a firm conviction, among other recommendations.