The Chamber of Deputies approved on Tuesday, in first reading, a bill that toughens penalties for false accusations in Paraguay. The proposal, which amends Article 289 of Law No. 1,160/97 (the Penal Code), establishes a prison sentence of up to six years when a false accusation leads to restrictive measures against the accused during a criminal proceeding.
The initiative was introduced by Deputy Yamil Esgaib and includes mandatory financial compensation for victims of fraudulent accusations. Current legislation provides for penalties of up to five years in prison or fines for those who, knowing the falsity of their claims, initiate judicial proceedings by fabricating evidence or attributing non-existent illegal acts. The new paragraph 4 of Article 289 specifically raises the maximum penalty for cases where the accused is subjected to pretrial detention.
During the session, Esgaib stressed the urgency of the measure, arguing that the bill had been thoroughly examined and received favorable opinions from most advisory committees. The lawmaker highlighted that the reform aims to protect the administration of justice and prevent abuses of the judicial system, noting that countries such as Brazil, Argentina, Mexico, and Spain are already discussing similar regulations, particularly in cases involving domestic and gender-based violence.
The approved text now moves to the Senate for review. Derlis Maidana, a senator from the Cartista faction, confirmed that the ruling party bloc intends to expedite its processing in the upper house, although he acknowledged the need to hear from experts before the final vote. Maidana emphasized that while it is necessary to curb frivolous accusations used as tools for political attacks, especially during election periods, penalties must respect the principle of proportionality to avoid "punitive populism."
The proposal stipulates that the Supreme Court of Justice and representatives of the legal profession be consulted to assess possible adjustments to the text before the Senate issues its final report. Initial legal debate already points to the need to balance the fight against malicious accusations with guarantees that genuine crime victims are not discouraged from seeking justice.