Is saying 'I'll report you' a crime? The legal contradiction

A man facing a false accusation received two opposite pieces of advice: his lawyer called it a crime, another lawyer did not. The debate over the legal limits of a simple…

English · Original discussion in Spanish · Published

Is threatening to press charges a crime? Two conflicting legal views

A man who says he was the victim of a false harassment complaint ran into a judicial paradox: his lawyer warned him that telling the complainant "I'll report you for filing a false report" amounted to the offences of threats and coercion. When he sought a second opinion, another lawyer told him exactly the opposite: that no such provision exists in the incivil code. The result was a change of lawyer and a question many people ask: is it legal to threaten to take someone to court?

Behind this specific case lies a legal debate with implications for anyone using legal services. While some professionals interpret any warning of a complaint as possible coercion, others argue it is nothing more than the announcement of a right. The difference may depend on context: if a restraining order is in place, any contact, even a written message, may breach it. But outside that scenario, threatening to report someone is, according to the majority view, the legitimate exercise of a right.

The anecdote also reveals a rift in the profession that many clients notice: the influence of a lawyer's ideology or gender on the advice given. One participant in the debate suggests that in gender violence cases men should seek lawyers specialised in defending men, which highlights how hard it can be to find impartial advice.

How do you find your way when the lawyers themselves cannot agree? The question remains open, and the answer probably depends on each court and each case.

Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication. Read the full discussion (36 replies).

More summaries

All summaries in English →

-
Back