Questão jurídica principal
Whether the subjective elements of calumnious denunciation under Art. 303 CP were met
Decisão extraída
Yes. The appellant knew the accused person was innocent and acted at least with conditional intent to trigger a criminal proceeding against him.
Fundamentação extraída
Knowledge of innocence is required in the strict sense; dol eventual does not suffice for that element. On the cantonally found facts, the appellant had no convincing basis for the accusation and formulated the complaint so that suspicion necessarily fell on the superior.