The Chamber of Deputies approved on Tuesday, the 26th, a bill that toughens penalties for false accusations when they lead to restrictive measures on freedom, such as preventive detention, within a criminal process. The proposal received partial approval and was sent to the Senate for review.
The bill amends Article 289 of Law No. 1160/97 of the Paraguayan Penal Code by adding a new aggravating factor: when a false accusation causes the deprivation of the accused’s liberty, the prison sentence may reach up to six years—above the current maximum of five years—along with the obligation to provide financial compensation to the victim.
The initiative was authored by Deputy Yamil Esgaib, who defended the proposal during the plenary session. According to him, the text was thoroughly reviewed by the Chamber’s advisory committees and received favorable opinions. “It is important to take this situation more seriously, which unfortunately happens frequently in our country and worldwide. We need better control mechanisms and harsher penalties for those who commit this type of crime,” he said.
Esgaib argued that countries like Brazil, Mexico, Spain, and Argentina are already discussing similar reforms, especially in cases related to accusations of violence against women and domestic violence. The goal, according to the lawmaker, is to establish stricter investigation protocols that protect both real victims and those falsely accused.
In the Senate, the bill already has support from the ruling party. Senator Derlis Maidana stated that the proposal will be pushed forward in the Upper House, although he anticipated that possible modifications will be considered before the vote. “When there is an acquittal due to a reckless accusation without evidence, or one that the Justice system itself declares does not meet the requirements to be a serious complaint, it is appropriate to give momentum to prevent so many false accusations without following formal procedures, which often arise close to elections or as political maneuvers,” Maidana said.
The senator said the ruling party supports the bill but will call representatives from the Supreme Court of Justice, the Bar Association, and other experts to evaluate improvements to the text. Regarding the proposed penalty, he acknowledged that a false accusation can cause serious harm but emphasized that sanctions must be proportional. “In projects to increase penalties, such as for femicide and other cases, the tendency is to raise them to the maximum, but the principle of proportionality must also apply—not to fall into punitive populism, but to impose proportional penalties,” he stated.
If approved by the Senate and enacted by the Executive Branch, Article 289 will provide for four scenarios of false accusations, with the new fourth aggravating circumstance specifically covering cases where fraudulent accusations result in preventive detention or other restrictive measures on liberty.