zobiaTheft is a patrimonial crime that consists of appropriating without consent and without violence or intimidation of another's property.
Where is the crime of theft regulated?
The crime of theft is regulated in the Penal Code, Book II (Crimes and their penalties), Title XIII (Crimes against property and against the socioeconomic order), Chapter I (Of thefts), articles 234 to 236.
Specifically, the basic type in which the definition of theft appears is found in the first section of precept number 234 of the Penal Code:
1. Whoever, for profit, takes the movable property of others without the will of its owner will be punished, as guilty of theft, with a prison sentence of six to eighteen months if the amount of what was stolen exceeds 400 euros.
How is the crime of theft defined?
Taking the literal meaning of the Spanish Legal Dictionary, theft can be defined as "a crime committed by someone who, for profit, takes movable property from others without the will of its owner." A Complete Guide On What Is Larceny
Can a theft crime be processed in a speedy trial?
Taking the Criminal Procedure Law as a reference, it can be affirmed that the theft continues its resolution process through a speedy trial.
The legal basis that supports it is in article 795, which lists the crimes that can be subject to a speedy trial, and says:
That it is one of the following crimes: crimes of theft.
2nd That it is one of the following crimes:
b) Crimes of theft.
We are lawyers specializing in speedy trials for theft. If you need a firm with extensive experience in Criminal Procedure Law, contact us and find out without obligation. We work throughout Spain.
Can there be modifications in the sentence for the crime of theft?
Reduced sentence for theft
Pursuant to the second paragraph of article 234 of the Penal Code, if the amount of the items stolen without the owner's will were equal to or less than 400 euros, a fine of one to three months will be applied to the person accused of theft (this is what It is called as a minor crime of theft ):
2. A fine of one to three months will be imposed if the amount of what was stolen does not exceed 400 euros, except if any of the circumstances of article 235 concur. for at least three crimes included in this Title, even if they are of a minor nature, provided they are of the same nature and that the accumulated amount of the offenses exceeds €400, the penalty of section 1 of this article will be imposed.
Records that have been canceled or that should be canceled will not be taken into account.
Aggravation of the penalty for the crime of theft
As contemplated in precept number 234.3 of the same code, the penalty will be applied in its upper half, when the following occurs:
3. The penalties established in the previous sections will be imposed in their upper half when the alarm or security devices installed in the stolen items have been neutralized, eliminated or rendered useless by any means, in the commission of the act.
In addition, article 235 mentions a catalog of circumstances that would increase the theft penalty if a crime is committed in any of the following ways:
1. Theft will be punished with a prison sentence of one to three years:
1st When things of artistic, historical, cultural or scientific value are stolen.
2nd When it comes to basic necessities and causes a situation of shortages.
3rd In the case of pipes, wiring, equipment or components of infrastructures for electrical supply, 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.
4th In the case of 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.º When it is especially serious, taking into account the value of the stolen effects, or when damages of special consideration occur.
6.º When it puts the victim or his family in a serious economic situation or has been carried out abusing his personal circumstances or his situation of helplessness, or taking advantage of the production of an accident or the existence of a general risk or danger to the community that has weakened the defense of the offended party or facilitated the commission of the crime with impunity.
7.º When, when committing a crime, the culprit had been sentenced for at least three crimes included in this Title, provided they are of the same nature. Records that have been canceled or that should be canceled will not be taken into account.
8.º When minors under sixteen years of age are used for the commission of the crime.
9.º When the culprit or culprits participate in the facts as members of an organization or criminal group that is dedicated to the commission of crimes included in this Title, provided they are of the same nature.
2. The penalty indicated in the previous section will be imposed in its upper half when two or more of the circumstances provided for therein concur.
What does the punishable conduct of theft translate into?
1. Dispossession of property
The author has to carry out certain conduct for the owner to dispossess his property. This required prior conduct is what differentiates the crime of seizure from misappropriation.
It does not require a contrast of wills, as occurs with theft, but the dispossession must be carried out without violence and intimidation, or force on things. An example of this behavior would be the one carried out by pickpockets.
2. Appropriation of the same property
Beyond eliminating previous custody over the asset, a new sphere of power over that same asset is necessary. The criminal consummation does not take place until this autonomous power over the good is had.
What are the elements that make up a crime of theft?
- Objective elements allude to the thing that is stolen, which must necessarily be personal property and belonging to others.
- The subjective element refers to the author's profit motive. Only with this subjective dimension the theft of personal property is theft. There is no crime if someone else's movable property is taken, without profit (out of necessity or revenge, for example).
In practice, everything depends on the concept of profit that the courts understand.
The criminal type requires profit, but it is important to note that it is not necessary to achieve profit to apply the theft penalty.
A special case of theft: furtum possessions
Article 236 of the Penal Code outlines what happens when the phenomenon of furtum possessions or theft of one's own thing manifests itself.
According to the legal dictionary of Spanish Law, this special type of theft is committed when an owner of a piece of furniture steals it from the person who legitimately holds it, harming said person or a third party.
1. Whoever, being the owner of a movable thing or acting with the latter's consent, removes it from whoever has it legitimately in their possession, to the detriment of the same or a third party, will be punished with a fine of three to twelve months.
2. If the value of the stolen thing does not exceed 400 euros, a fine of one to three months will be imposed.
Lawyers specialized in crimes of theft
At Immediate Legal Assistance, we are expert criminal lawyers in theft crimes and we work throughout Spain.
If you have received a summons to go to a speedy trial for theft, do not hesitate to contact us. We will help you achieve the best possible result for your interests.
