TÍTULO XXII — Delitos contra el orden público
History of reforms to this article, from oldest to most recent, as recorded in the BOE’s consolidated legislation.
Ley Orgánica 10/1995, de 23 de noviembre, del Código Penal.
In force from 24/05/1996 to 30/09/2004
In force from 01/10/2004 to 30/06/2015
Article 561 punishes false alarms or false reports of an emergency, among the offences against public order. It sanctions anyone who falsely states or simulates a situation of danger to the community or the occurrence of an emergency requiring assistance to another, and thereby triggers the mobilisation of police, aid or rescue services. The protected legal interest is the proper functioning of the emergency services, which are diverted from real needs by the simulated alarm.
The penalty is three months and one day to one year in prison, or a fine of three to eighteen months. The offence is completed when the false alarm actually manages to mobilise the emergency services, regardless of whether its falsity is discovered straight away.
This offence typically arises with false bomb threats at shopping centres, airports or schools, and with hoax calls that mobilise firefighters, ambulances or police units. The defense should examine whether the actual mobilisation of those services that the offence requires truly occurred —without that result, the offence is not completed—, as well as the subjective element: the statement must be deliberately false, which excludes reports made in good faith by someone who believed the reported danger was real.
Orientative data computed from the highest prison term mentioned in this article. Aggravated or mitigated subtypes, non-custodial penalties and concurrence rules may alter the outcome in each specific case.