The Senate approved changes to a bill that increases penalties for false accusations and sent the text back to the Chamber of Deputies, which will have to decide whether to accept the changes or retain the version approved on May 26. The proposal has not yet become law.
The bill, introduced by Deputy Yamil Esgaib of Honor Colorado — a movement within the Colorado Party linked to former President Horacio Cartes — amends and expands Article 289 of the Paraguayan Penal Code. The wording provides for a sentence of up to six years in prison and the possibility of financial compensation for anyone deprived of liberty as a result of a false accusation.
During the Senate’s review, the Legislation Committee presented adjustments outlined by Senator Derlis Maidana, also of Honor Colorado. With the changes approved, the legislative process returns to the Chamber of Deputies, which may accept the amended text or insist on the original proposal.
Supporters of the measure say that deliberately false accusations can cause economic losses, family breakups, social harm and unjust legal proceedings. Liberal Senator Líder Amarilla cited cases in which men were allegedly reported for serious crimes, including abuse of minors, and the accusations were later allegedly recognized as having been motivated by personal conflicts.
Criticism focuses on the risk that the punishment could discourage legitimate complaints. Rafael Filizzola said that a maximum sentence of six years could have a chilling effect on reports of corruption, violence and abuse, as well as affect journalistic investigations. He also questioned the proportionality of the proposal and noted that, in some countries, defamation and slander have been removed from the criminal sphere and are now handled as civil matters.
Esperanza Martínez warned of the impact on women who are victims of domestic violence or abuse. The senator said that fear of possible liability could lead vulnerable people to stop seeking help from institutions, especially when they do not yet have sufficient evidence in the early stages of an investigation.
Yolanda Paredes shifted part of the debate to the Public Prosecutor’s Office. She announced that she intends to submit a proposal to amend Article 288 of the Penal Code and expand the complainant’s participation in proceedings, allowing for more active intervention in the progress of an investigation.
The final outcome will now depend on the Chamber of Deputies. Until the text is voted on again and promulgated, the current rules remain in force, while Congress debates how to hold people accountable for demonstrably false accusations without creating an obstacle for victims and people who report real crimes.
