When does a report become a crime? Does good faith exempt from punishment? And how can deception be proven?
With the expansion of communication channels and the widespread use of media and social networks, reports and information can now directly affect individuals’ reputations, institutional stability, and even public security.
For this reason, criminal legislations in many countries, including Egypt and Turkey, have established boundaries between the freedom to report or express opinions and the crime of misleading reports or false complaints.
This article explains the most important legal points of practical concern to clients:
When does a report become a crime?
Does good faith exempt a person from punishment?
How can deception be proven?
What are the differences between Egyptian and Turkish law?
First: What is meant by a misleading report or false complaint?
A misleading report or false complaint refers to:
Reporting to an official authority or publishing information about an untrue incident with the intent to harm a person or entity, create panic, or mislead justice.
The legal terminology may vary depending on the context:
False complaint.
Disturbing public authorities.
Spreading false news.
False accusation.
Perjury.
Providing false information in an official document.
Second: When does a report become a crime?
Not every incorrect report constitutes a crime.
The law requires certain legal elements to establish criminal liability.
- Material element
This refers to the tangible act, such as:
Filing a complaint with the police or prosecution.
Submitting an official report.
Publishing a report or news item.
Providing incorrect official information.
- Moral element (criminal intent)
This is the most important element and includes:
The reporter’s knowledge that the incident is false.
Intent to mislead the authorities.
Publishing information with the purpose of harming others.
If criminal intent is absent, the crime may not exist.
Third: The position of Egyptian law on misleading reports
- Crime of false complaint
Article 305 of the Egyptian Penal Code states:
Anyone who reports a false matter with malicious intent shall be punished, even if no disturbance occurs.
This means:
Merely filing a false complaint with bad faith is enough for the crime.
Even if no investigation takes place or no actual harm occurs.
- Crime of disturbing authorities
Article 135 of the Penal Code provides:
Punishment for anyone who reports false incidents or dangers.
The penalty may include imprisonment and/or a fine.
- False accusation against a public employee
Article 303 provides:
Imprisonment and/or a fine for falsely accusing a public employee in relation to their duties.
- Possible penalties
Penalties may include:
Imprisonment.
Fine.
Or both.
The punishment varies depending on:
The nature of the complaint.
The person accused.
The consequences of the report.
Fourth: The position of Turkish law on misleading reports
- Crime of false accusation (Article 267 of the Turkish Penal Code)
Turkish law states:
Anyone who reports or complains against a person with a false accusation, knowing it is untrue, with the intent to initiate an investigation, shall be punished with imprisonment from one to four years.
Main conditions of the crime under Turkish law:
- Attributing a false incident to a specific person.
- Knowledge that the accusation is false.
- Intent to initiate an investigation or impose a penalty.
- Providing false information to a public official (Article 206)
Punishes:
Anyone who provides false information that leads to the issuance of an official document.
With imprisonment from 3 months to 2 years or a fine.
- Crime of perjury (Article 272)
Occurs when:
A person gives false testimony before an investigative authority or court.
- Laws against false news
Turkey has enacted laws criminalizing the publication of false information that causes public panic or targets state institutions, with penalties that may include imprisonment.
Fifth: Does good faith exempt from liability?
General rule
Yes, good faith may exempt a person from criminal liability, provided that:
- The person believed the information was true.
- There was a reasonable basis for that belief.
- The intention was not to harm others.
Difference between the two situations
Situation Legal outcome
Incorrect report made in good faith Usually no crime
False report made in bad faith Punishable crime
In both Egyptian and Turkish law, knowledge of the falsity is required for the crime to exist.
Sixth: How is a misleading report proven?
Proving such crimes depends on two main elements:
- Proving the falsity of the incident
This can be done through:
Official reports.
Witness testimonies.
Technical or forensic reports.
A court judgment of acquittal.
- Proving bad faith
This is the most difficult element and may be proven through:
Previous disputes between the parties.
Contradictions in the complainant’s statements.
Submission of forged documents.
Concealment of exculpatory evidence.
In Turkish law, fabricating or forging evidence is considered an aggravating circumstance.
Seventh: Key differences between Egyptian and Turkish law
Issue Egyptian Law Turkish Law
False complaint Article 305 Penal Code Article 267 Penal Code
Criminal intent Bad faith required Knowledge of falsity required
False official statements Forgery or false complaint crimes Article 206
Perjury Punishable Article 272
General false news Various provisions Special anti-disinformation laws
Eighth: Legal advice for clients
- Do not file a complaint unless you are sure of the facts.
- Keep any evidence that proves your good faith.
- Consult a lawyer before submitting serious allegations.
- Do not rely on rumors or second-hand information.
- If accused of filing a false complaint:
Focus on proving good faith.
Show that you believed the information was true.
Liability for misleading reports is based on a fundamental principle of criminal law:
There is no crime without criminal intent.
The law does not punish someone who makes a mistake in good faith, but it imposes strict penalties on those who use false reports as a weapon to harm others or mislead justice.
Therefore, the balance between freedom to report and protection from malicious accusations is one of the key principles upheld by modern legal systems.