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Alonso Sala
CRIMINAL LAWYERS
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False Crime Reporting Lawyers

Specialized defense against accusations of false reporting, self-inflicted injuries, or insurance fraud simulations.

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Criminal Lawyers Specialised in Crime Simulation Offences

Summoned by the Police for Crime Simulation? How We Help

As criminal defense lawyers with extensive experience in crime simulation offences, we build urgent defenses in false phone-theft reports, insurance fraud cases and Art. 457 CP proceedings.

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If you are looking for criminal lawyers experienced in crime simulation offences, at Alonso Sala we have the experience needed to defend you when you are summoned by the Police or the Court after a suspicious report. Article 457 of the Spanish Criminal Code punishes anyone who pretends to be the perpetrator or the victim of a non-existent criminal offence.

Nowadays, the most frequent form is the faked theft of high-end mobile phones or electronic devices so that home or credit-card insurance covers the supposed theft.

Faked Robbery

Reporting a violent robbery ("bag-snatching") when it was simple theft or loss, in order to collect from the insurer. It is the most common case.

Consequences

A fine of 6 to 12 months, a criminal record and a possible fraud offence if the compensation was actually collected.

Defense Services in Crime Simulation Offences (Art. 457 CP)

As criminal lawyers specialised in crime simulation offences, we analyse each case to determine the most favourable procedural and negotiation strategy. In some cases, late confession and repairing the harm can significantly mitigate liability.

This offence must not be confused with false accusation (Art. 456 CP), where a specific, innocent person is accused. In simulation, the offence is faked but no named individual is accused (the report states "unknown perpetrator").

hubCommon Types

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Crime Simulation & Insurance Fraud

Defense in cases of faked phone or car theft or staged accidents to collect compensation. Concurrent offences (fraud + simulation).

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Differences from False Accusation

Legal analysis of the distinction between pretending to be a victim (Art. 457) and falsely accusing a specific third party (Art. 456).

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Why hire lawyers specialised in crime simulation offences?

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Police Procedure Insight

We know the forensic police investigation protocols (IMEI tracing, cell towers).

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Negotiation

Agreements with the Prosecution to reduce the fine and limit the impact on your record.

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Honesty

We will tell you clearly your real options for acquittal or a plea agreement.

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Frequently Asked Questions on Crime Simulation

What exactly is the offence of crime simulation?expand_more
It consists of pretending to be the perpetrator or the victim of a criminal offence, or reporting a non-existent one, before a judicial or administrative official with a duty to investigate. It is governed by Article 457 of the Spanish Criminal Code (CP).
Is it a crime to report my phone stolen so the insurance pays?expand_more
Yes, it is the most common scenario. If you falsely report a violent robbery (bag-snatching) so the insurer covers a loss or simple theft, you commit crime simulation and, if you collect the money, fraud as well.
What is the penalty for crime simulation?expand_more
The penalty is a fine of 6 to 12 months. It does not carry prison on its own, but it generates a criminal record that can be harmful for public-sector examinations or residence permits.
What if I also collected the insurance money?expand_more
Then a fraud offence is added. If the defrauded amount is under €400, it is a minor fraud offence. If it exceeds that amount or is classed as aggravated, the penalties may involve prison.
How do the police find out it is a lie?expand_more
The police use IMEI tracing, security cameras in the area, mobile-phone geolocation and contradictions in your statement. They have specific protocols to detect false smartphone-theft reports.
Can I retract the report?expand_more
Yes, and it is advisable to do so before serious procedural steps begin. It can serve as a mitigating factor of repairing the harm or late confession, reducing the penalty.
How does it differ from false accusation under Art. 456?expand_more
In simulation (Art. 457) an offence is invented without blaming any specific person (unknown perpetrator). In false accusation (Art. 456) an offence is attributed to a specific person knowing it is false. False accusation is far more serious.
Will I be arrested if I go to the police station?expand_more
If they have clear evidence of the simulation, they could detain you (reading of rights) to take your statement as a suspect. That is why it is vital to go accompanied by a lawyer experienced in simulation offences.
Could I lose my residence permit?expand_more
A criminal record can affect the renewal of residence and work permits. It is crucial to seek an acquittal or a minimal conviction that does not generate a record counting for immigration purposes.
Do I need a lawyer for a fast-track trial for simulation?expand_more
Yes, it is mandatory. In fast-track proceedings a plea agreement can be negotiated (one-third reduction of the penalty) if the facts are acknowledged, avoiding a longer and more costly criminal trial.
What happens if I faked a traffic accident?expand_more
Faking an accident to collect compensation for injuries (whiplash) or material damage is also simulation plus fraud. Insurers have investigation departments and medical experts to uncover it.
Does this offence become time-barred?expand_more
Yes. As a less serious offence punished with a fine, it becomes time-barred after 5 years. But once judicial proceedings have started, the period is interrupted.

Defense Guide: Simulated Crime (Art. 457 CP)

Penalty Table

TypePenaltyArticle
Pure simulated crimeFine 6 to 12 monthsArt. 457 CP
Simulation + Insurance fraud (> €400)Fine + Prison 6 months to 3 years (medial contest)Art. 457 + 248-249 CP
Simulation + Minor fraud (≤ €400)Fine 6-12 months + Fine 1-3 monthsArt. 457 + 249 CP

Simulation alone does not carry prison time, but creates a criminal record that may affect residence permits and civil service applications.

Defense Strategies

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Damage Reparation

Immediately return what was collected from the insurer before trial. Eliminates civil liability and acts as a qualified mitigating factor (Art. 21.5 CP).

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Late Confession & Plea Bargain

Acknowledging the facts allows negotiating with the prosecution for a one-third reduction in fast-track proceedings.

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Challenge Police Evidence

Challenge the validity of IMEI tracking, geolocation and CCTV footage. If evidence was obtained without judicial authorization, it may be void.

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Goal: Fine without Prison

If there is a concurrent fraud charge, we argue for substituting prison with a fine and request sentence suspension to avoid imprisonment.

Relevant Case Law

Doctrina del TS (Sala 2ª)

Establishes that simulated crime is consummated by the mere filing of a false report before authorities, regardless of whether effective police investigation was initiated.

Doctrina del TS (Sala 2ª)

Confirms the medial contest between simulated crime and fraud when the false report was the necessary means to achieve fraudulent insurance payouts.

Provincial Court Doctrine

Several Provincial Courts have acquitted the accused of simulated crime when it is not proven that the reported robbery was implausible. Partial inconsistency in the statement is not sufficient for conviction if positive falsity is not proven.

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MadridAlicanteMarbellaSevilleMálagaBilbaoZaragoza
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Do you need specialised legal assistance?

The judicial system is complex. We have the criminal-law specialisation and technical resources required to take on the defence.

Contact Alonso Sala
Call: +34 91 078 65 74
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