Question juridique clé
Whether assuming another person's identity and denying the facts during police questioning constitutes direct false accusation under Art. 303(1) StGB
Solution extraite
No; under the binding facts, the defendant did not expressly accuse his brother of a crime with sufficient specificity.
Motifs extraits
A direct accusation requires a verbal statement to an authority that attributes a specific offense to a determined person. Under the false identity, the defendant merely denied the allegation and did not explicitly impute a crime to his brother.