What happens if you report a theft that didn’t occur?
Simulation of crime is a mistake that can have serious criminal consequences. Faking a theft may seem like an «easy way out» to recover a lost item or collect from insurance. But if you’re caught, you could face serious criminal proceedings. However, does this mean you’ll automatically be convicted? Not always.
Recently, the Supreme Court has made clear that not every false report constitutes a crime of simulation. In this article we explain when you could be acquitted and when, on the other hand, you risk being convicted of simulation of crime or fraud. In this article we explain when you could be acquitted and when, on the other hand, you risk being convicted of simulation of crime and/or fraud.
What is simulation of crime according to the Criminal Code?
The crime of simulation is regulated in article 457 of the Criminal Code. This punishes whoever simulates being a victim or author of a non-existent crime, or falsely reports a criminal act, causing procedural actions.
Essential requirements of the crime of simulation
Existence of judicial proceedings
The criminal offense is only consummated if the simul
Have you been reported for simulation of crime?
¿What happens if I report the theft of a phone to collect from insurance?
Falsely reporting a theft to obtain a new device from insurance can have serious criminal consequences. However, the outcome will depend on how the proceedings developed.
Let’s look at a real case. A citizen reported at the police station that his phone had been stolen on the subway. He described the facts and processed the claim with his insurer. The insurer gave him a new phone.
Later it was discovered that the theft never occurred. In reality, he had sold the phone on Wallapop.
The Prosecutor’s Office accused him of simulation of crime and fraud. However, he was acquitted of the first crime because the report did not generate any judicial action. The police archived the matter directly and the court did not open proceedings.
For the Supreme Court, this aspect is decisive. Article 457 of the Criminal Code requires that the false report provoke a procedural action. If that doesn’t happen, the crime of simulation is not consummated.
However, the fact that there is no simulation does not mean there is no crime. If it is proven that there was deception with intent to profit, such as obtaining a phone from insurance, there can be fraud, which carries more severe penalties.
Why was he acquitted of the crime of simulation?
Because the report did not provoke any judicial action. The police archived the matter directly. No case was opened in court nor was any judicial resolution issued.
According to the Supreme Court, this point is decisive. Article 457 requires that a procedural action has occurred. And if there isn’t one, even though the report is false, the crime of simulation is not consummated.
However, the Supreme Court emphasizes that this
Have you reported the theft of a phone to collect from insurance and are accused of simulation of crime?
What is the penalty for fraud?
Penalties for fraud vary according to the value of the damage caused:
- If the defrauded amount does not exceed 400 euros, it is considered minor fraud and is sanctioned with a fine of one to three months.
- If it exceeds 400 euros, it is treated as basic fraud, with a prison sentence of six months to three years, and proportional fine.
In the most serious cases, such as those affecting insurers or if there is abuse of trust, document falsification or acting in a criminal group, aggravated fraud may apply (art. 250 CP): the penalty for aggravated fraud is 1 to 6 years imprisonment and fine of six to twelve months.
In addition to the penalty, the convicted person must compensate for the damage caused.
What should you do if you have been reported for faking a theft and are accused of simulation of crime?
First, stay calm and do not make statements without your attorney. Everything you say will be used against you if it is not properly framed within a defense strategy. The best thing you can do is consult with an attorney expert in fraud. This is where your choice of
Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.