Introduction
Facing a false accusation can put your freedom, your reputation, and your personal or professional stability at risk. In Ecuador, the legal system offers tools to defend against unfounded accusations, but it is key to act quickly and with adequate legal advice. In this article, we explain what to do if you are the victim of an unfair complaint and how you can protect yourself legally.
What is considered a false accusation?
A false accusation occurs when a person accuses another of committing a crime without evidence or maliciously. This conduct can be intentional (with intent to harm) or the result of error. In any case, the accused person has the right to defend himself and demand reparation if the falsity of the facts is proven.
Risks of a false accusation
Criminal investigation against you
Damage to your image and personal relationships
Labor or business impact
Possible pretrial detention or unjustified precautionary measures
What to do if you are unjustly accused?
- Stay calm and don’t face the problem alone
Avoid reacting emotionally to the accusation. Do not contact the accusing party without legal presence. - Hire a criminal lawyer right away
The advice of an expert lawyer is essential from the first moment. Your defense can prepare an appropriate strategy to dismantle the complaint. - Gather evidence in your favor
Look for witnesses, documents, videos or other elements that evidence your innocence. Every piece of evidence is valuable in the investigative phase. - Request an expert or counter-expert if necessary
In cases such as violence, abuse or fraud, expert opinions can be decisive. A lawyer can request independent expertise.
What consequences can those who lie have?
If the complaint is proven to be false, the person who accused may face criminal prosecution for:
False denunciation or slanderous accusation (Art. 270 of the Integral Organic Criminal Code)
Defamation
Economic damage due to moral or material damage
This can lead to custodial sentences and civil liability for compensation.
The importance of acting fast
In criminal proceedings, time plays a crucial role. The faster you act with legal backing, the better your chances of avoiding an unfair charge or getting the case filed.
What if a prosecutorial instruction has already been initiated?
If you have already been called to give your version or have been notified with an investigation, your lawyer may request:
Archiving of the case due to lack of elements
Advance evidence in your favor
Alternative measures to pretrial detention, if ordered
Legal action against the complaining party if falsehood is proven
Conclusion
Facing a false accusation is a delicate process, but you have rights and mechanisms to defend yourself. The key is to act with professional support and not let the process move forward without a solid defense.
Do they accuse you without evidence? We’re here to help.
At Expert Lawyers, we have a team of criminal lawyers with extensive experience in defending against unfair accusations. We advise you from the first moment and represent you at all stages of the process.
📞 Schedule an urgent consultation and defend your name.
