With the intention of bringing the world of law closer to the citizen, the malaga criminal lawyers, JAVIER and MANUEL RINCÓN BERNAL, specialists in the defense of robbery crime, they are going to explain to us the consequences that derive from the indictment presented by the public prosecutor's office in this specific matter.
Crime of robbery with violence
Thus from the outset, the indictment calls for a sentence of 12 years in prison, referring to the headline of the news item, which is, for a robbery crime with violence of the article 242 of the penal code.
From the outset we can say that without being wrong, the headline of the news is incorrect or somewhat sensational. And it is so, since if we take a look at the aforementioned article 242 of the penal code, the sentence to custodial sentence that it establishes is 5 years in prison. Almost certainly the public prosecutor's office will have been interested in the maximum sentence for this crime.
Another error, which appears, either in the news, surely in the indictment, is the classification of this crime as a continuous crime of article 74 of the penal code, since, assuming the facts are true, (we have to be respectful with the principle of presumption of innocence), the continued crime could never be applied since for its application, it is necessary that at least three crimes.
Are you looking for a lawyer specialized in Criminal Law?
we help you find a criminal lawyer.
We have a wide network of collaborating lawyers in all Spain.
12 years in prison
Therefore, from what is established in the news, we still have criminal figures left to be able to accuse for those commented 12 years in prison. What would be missing?
From the little that we know of the matter in question by the press, from our point of view, the application of a crime of damage reflected in the article 263 of the penal code and a crime of illegal possession of weapons, which is collected in the article 568 of the penal code.
In the abstract, and to begin to unravel the possible conclusions of the public prosecutor's office, we can affirm that the illegal possession of weapons, (even when in the specific case at hand, apparently it involved explosives), is very seriously punished by the code criminal, since the penological arc ranges from 4 years in prison to 8 years. A huge criminal charge. With a tax petition raised for this crime, the 12 years in prison that are referred to in the different media could already be exceeded.
To continue, it would remain for us to comment on the crime of damage, which is included, (as we noted before), in article 263 of the penal code. Initially, the penal code establishes a penalty of a fine, which would not allow us to add criminal reproach, to the approximate calculation of what the public prosecutor wanted to mean in its indictment, but if we consider the application of section 3 of article 263 of the penal code, then we are already talking about a more serious issue. This section establishes more serious requirements for the events that have been carried out, establishing a custodial sentence of 1 to 3 years in prison for the person who commits the crime, more than likely, due to the risk produced and the voluminosity of the damages caused in the bank branch in question.
At the defense level, it would be necessary to study the matter, to achieve, in the least favorable of cases, a sentence that was significantly reduced. Starting from ignoring the subject in depth, the first thing that should be attacked would be the crime of robbery, to ensure that if a sentence is set, it would be for the lowest possible sentence, which would leave the reproach for this crime in 4 years and with respect to the rest, use the same strategy regardless of considering the application of any mitigation.