Simulation of an Offence vs False Accusation: Differences and Penalties (2026)

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.