Spanish criminal law contemplates several crimes related to the illegal appropriation of other people's property.
Two terms that are often used interchangeably, but have significant differences, are robbery and theft.
Understanding these differences is essential for citizens and legal professionals, as the legal consequences can vary considerably.
In this article, we, as expert criminal lawyers in Cordoba, Malaga and MadridWe will explore the distinctions between robbery and theft, as well as the possible legal consequences in Spain.
What is theft
The crime of theft punishes any individual who, with the purpose of obtaining economic benefit and without the consent of the legitimate owner, appropriates another person's property, provided that no violence is used on the objects or threats are made to people.
This crime is established in the articles 234 to 236 of the Penal Code, which are part of the section on crimes against property and the socioeconomic order.
Definition of theft
Theft refers to the appropriation of another's property without the consent of the owner, and does so without using violence or intimidation.
In other words, it is about taking something that does not belong to us with the intention of obtaining personal benefit, without resorting to force or threats.
If you are facing a theft case or need legal advice, do not hesitate to contact us: +34 957 858 952.
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Types of theft: basic, minor and aggravated type
Basic type:
1. Anyone who, with the intention of profit, takes another person's movable property without the consent of its owner will be punished as guilty of theft, with a prison sentence of six to eighteen months and the amount of the stolen goods exceeded 400 euros (art. 234.1 CP)
mild type:
If the amount of the stolen property is less than 400 euros, will be considered a minor crime of theft and a fine will be imposed fine from 1 to 3 months, except if any of the circumstances of article 235 apply.
Aggravated type (art. 235 CP):
1. Theft will be punished with the penalty of prison of one to three years:
1. When things of artistic, historical, cultural or scientific value are stolen.
2. When it comes to essential things and a shortage situation is caused.
3. When it involves conduits, wiring, equipment or components of electricity supply infrastructure, hydrocarbons or telecommunications services, or other things intended for the provision of services of general interest, and a serious loss is caused to the same.
4. When it comes to agricultural or livestock products, or the instruments or means used to obtain them, provided that the crime is committed on agricultural or livestock farms and serious damage is caused to them.
5. When it is particularly serious, taking into account the value of the stolen effects, or damages of special consideration occur.
6. When it puts the victim or his or her family in a serious economic situation or has been carried out by abusing their personal circumstances or their situation of helplessness, or taking advantage of the production of an accident or the existence of a general risk or danger for the community. that has weakened the defense of the offended party or facilitated the commission of the crime with impunity.
7. When, upon committing the crime, the culprit had been executorily sentenced for at least three crimes included in this Title, provided they are of the same nature. Canceled records or records that should be canceled will not be taken into account.
8. When minors under sixteen years of age are used to commit the crime.
9. When the culprit or culprits participate in the events as members of a criminal organization or group dedicated to the commission of crimes included in this Title, provided they are of the same nature.
The penalty indicated in the previous section will be imposed in its upper half when two or more of the circumstances provided for therein occur.
Legal consequences of theft in Spain
The legal consequences of theft in Spain can vary depending on the value of the stolen goods.
If the value of the stolen goods is less than 400 euros, is considered a minor offense and can be punished with a fine or community service.
However, if the value of the goods exceeds 400 euros, becomes a more serious crime and could result in a prison sentence of up to 2 years.
What is considered theft
Unlike theft, robbery involves the illegal appropriation of another's property, but is characterized by the use of violence or intimidation to achieve it.
Theft can be perpetrated both the domestic sphere as well as in public places.
If you are facing theft charges or need legal advice on a related case, we are here to provide you with the legal representation you need.
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Definition of theft
For the crime of theft to be constituted, it is required that the object in question be a movable property of economic value and is owned by a person other than the perpetrator of the act.
Furthermore, it is important to note that only movable objects can be stolen, since they are susceptible to being moved.
A robbery occurs when Someone takes possession of someone else's personal property by using intimidation or force..
In this context, the criminal act involves the appropriation of an object that belongs to another person. These elements constitute the objective aspect of the crime of theft.
As for the subjective aspect, theft requires the presence of a profit motive on the part of the alleged offender, that is, the clear intention of obtaining a personal benefit by appropriating another's property.
In addition, the criminal must know that the stolen object has an owner and that he is taking it without his consent.
All these elements add up to configure the action of robbery.
The crime of theft is defined in the articles 237 to 242 of the Penal Code in Spain.
Those who, for profit, take possession of other people's movable property by using force on the things to access or leave the place where they are located or by violence or intimidation against people, whether when committing the crime, are guilty of the crime of theft. to protect the escape, or on those who came to the aid of the victim or who pursued him (Art. 237 CP).
The legal consequences of theft in Spain
The legal consequences of theft in Spain are more severe than theft, since they involve the use of force or intimidation.
Depending on the severity of the theft and the specific circumstances, penalties can vary significantly.
En serious cases, the perpetrator of the theft may face substantial prison sentences, which may exceed 5 years.
Theft is categorized according to various variables, such as the value of the stolen object, its characteristics or the place where it is committed.
Another crucial aspect to consider in relation to the punishment of the crime has to do with the situation in which the victim finds himself.
Therefore, it is of utmost importance, from a legal perspective, to distinguish between:
- Robbery with force (art. 240. 1 CP): The person guilty of theft with force against property will be punished with a prison sentence of one to three years.
- Robbery under intimidation (art. 242 CP class): Anyone guilty of robbery with violence or intimidation against persons will be punished with a prison sentence of two to five years, without prejudice to the penalty that may correspond to the acts of physical violence that he/she may carry out.
This distinction is especially relevant when determining the duration of the sentence that will be imposed in each case.
Differences between robbery and theft
Confusion between the concepts of theft and robbery is common, however, the Penal Code establishes a significant differentiation, imposing more severe penalties for the crime of robbery due to its particular circumstances.
Robbery, like theft, involves the removal of another person's property without the owner's consent.
However, for it to be considered theft, in addition to non-consensual appropriation, the following conditions must be met:
- Use of force to access or leave the place where the goods are located (known as the crime of robbery with force).
- Use of violence or intimidation towards people, either to commit the crime or facilitate escape (what is known as the crime of robbery with violence).
Conclusions on Robbery and theft: Differences and legal consequences in Spain
In short, key difference between robbery and theft in Spain lies in the use of violence or intimidation.
If you find yourself in a complicated legal situation related to theft or robbery, do not hesitate to contact us:
[email protected] or +34 957 858 952 (we have WhatsApp).
Our expert criminal lawyers are ready to provide you with legal advice and representation.
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