SIMULATION OF CRIME

Art. 457 of the Penal Code punishes, with a fine of 6 to 12 months, the person who simulates being responsible for or victim of a crime or reports a non-existent crime before a judicial or administrative official who has the duty to proceed to its investigation, causing procedural actions. This crime differs from the crime of false denunciation in that, in the simulation, the offender does not falsely attribute to another the commission of a crime, but either does not attribute it to anyone in particular or incriminates himself.

According to our Courts, the crime is consummated if a criminal proceeding is initiated, so that, if only police investigation proceedings are carried out, without any judicial action being taken, this crime can only be appreciated in the degree of attempt (STS 967/2010).