Apple says: "The threshold is set to provide an extremely high level of accuracy and ensures less than a one in one trillion chance per year of incorrectly flagging a given account."
What evidence do you have against that statement?
Next, flagged accounts are reviewed by humans. So, yes, there is a minuscule chance a human might see a derivative of some wrongly flagged images. But there is no reason to believe that they "will be wrongly suspected or even tried and sentenced".