Breach of sentence
It is a crime that occurs when a person voluntarily fails to comply with the obligations or prohibitions imposed by a court order.
Offences against the administration of justice
Simulation of a crime
Article 457 of the Penal Code punishes, with a fine of 6 to 12 months, anyone who falsely claims to be responsible for or a victim of a crime, or who reports a non-existent crime to a judicial or administrative official who has the duty to investigate it, thereby initiating legal proceedings . This offense differs from the offense of false accusation in that, in the case of simulation, the perpetrator does not falsely attribute the commission of a crime to another person, but rather either does not attribute it to anyone in particular or incriminates themselves.
According to our Courts, the crime is consummated if a criminal process is initiated , so that if only police investigation procedures are carried out, without any judicial action being carried out, this crime can only be considered in the degree of attempt (STS 967/2010).