Simulation of an Offence vs False Accusation: Differences and Penalties (2026)
In this article
Key Takeaways
- The difference from Art. 456
- The phone-theft insurance case
- IMEI tracing
- The option to retract
The key is whether or not a specific person is blamed. Simulation of an offence (Art. 457 CP) is committed by pretending to be responsible for or the victim of an offence, or reporting a non-existent one, before the police or the court, WITHOUT identifying anyone in particular; it is punished with a fine of 6 to 12 months. False accusation (Art. 456 CP) is more serious because it attributes false criminal acts to a specific person: if the offence attributed is serious, it carries a prison sentence. Inventing a robbery to claim on insurance is simulation of an offence and, if the insurance pays out, also fraud.
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In everyday language we say "they filed a false accusation against me" for everything. But in criminal law, the distinction is vast and the penalties very different. Confusing the simulation of an offence with a false accusation is a common mistake that we are going to clear up. Our criminal lawyers in Madrid can help you with this type of situation.
Simulation of an Offence (Art. 457 CP)
This occurs where someone pretends to be responsible for or the victim of a criminal offence, or reports a non-existent one, before a judicial or police official, WITHOUT BLAMING A SPECIFIC PERSON.
The classic case: the theft of a phone. You lose your iPhone (theft or loss) but go to the police station and say it was snatched from your hand with violence by a "young, unknown man".
- Objective: to claim on insurance (which usually covers violent robbery, but not simple theft).
- Consequence: a fine of 6 to 12 months. And if the insurance pays out, the offence of fraud.
False Accusation (Art. 456 CP)
This is far more serious. Here, false criminal acts are attributed to a SPECIFIC, IDENTIFIED PERSON, with disregard for the truth. It is a direct attack on that person's honour and on the administration of justice.
Example: you go to the police station and say, "My neighbour from flat 5B, Juan Pérez, robbed me of my phone threatening me with a knife", knowing it to be untrue.
- Seriousness: if the offence attributed is serious (a penalty over 5 years), a false accusation carries 6 months to 2 years in prison.
Can It Be Fixed? Retraction
Article 457 (simulation) has a particular feature: punishment "will apply... unless there is a retraction in the proper form and time". Case law (Supreme Court judgments) qualifies this, but accepts that if a person confesses the truth BEFORE costly procedural steps or arrests begin, the penalty can be greatly reduced or even avoided. In a false accusation, retraction is more complex because a third party has already been harmed.
The Police Are Not Naive: the IMEI
The vast majority of simulated phone thefts are detected automatically. The police trace the IMEI. If you say your phone was stolen on the 10th, and on the 12th that IMEI is active with a SIM card registered to your son or your cousin... the police will call you, but not to return the phone — rather to charge you with the simulation of an offence.
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Frequently asked questions
What is the difference between simulation of an offence and a false accusation?
Simulation of an offence (Art. 457 CP) consists of pretending to be responsible for or the victim of an offence, or reporting a non-existent one, without blaming a specific person. A false accusation (Art. 456 CP) attributes false criminal acts to a specific, identified person, which makes it far more serious.
Is inventing a robbery to claim on insurance a false accusation?
No. Reporting a non-existent robbery without naming anyone in particular (for example, saying an unknown man snatched your phone using violence) is simulation of an offence under Art. 457 CP, punished with a fine of 6 to 12 months. If the insurance also pays out, an offence of fraud is added.
What is the penalty for a false accusation?
It depends on the seriousness of the offence attributed. If false criminal acts constituting a serious offence (with a penalty over 5 years) are attributed, a false accusation under Art. 456 CP carries 6 months to 2 years in prison, for attacking both the honour of the person named and the administration of justice.
Can a conviction be avoided by retracting?
Art. 457 CP allows for a retraction made in the proper form and time. If the truth is confessed before costly procedural steps or arrests begin, the penalty can be greatly reduced or even avoided. In a false accusation this is more complex, because a third party has already been harmed.
How do the police detect a simulated phone theft?
Usually by tracing the phone's IMEI. If a phone theft is reported and, days later, that IMEI turns up active with a SIM card registered to a relative, the police can call in the person who reported it to charge them with simulation of an offence.
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