The penal code establishes in article 237 that the robbery crime It is more serious than theft. Which consists of appropriating the property of others through the force and intimidation.
He robbery crime violates the heritage of a third party using violence to acquire it. In Spain the robbery crime statistics are lower compared to the other countries of the Union European.
Statistics establish that almost 200 robberies occur for every 10,000 inhabitants annually. Where the Autonomous community Catalonia is the one with the highest number of robberies per year.
Crime of theft and its types according to the penal code
Article 238 of the Penal Code establishes the heist hard. This occurs through the scaling or breaking of a floor, ceiling or window.
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It involves the possibility of falsification of keys or disablement of security systems. The Spanish penal code requires the use of force to carry out the crime of robbery.
The grief The prison term established by law in these cases is from one to three years. To this circumstance must be added the events that occurred during the crime.
When force is used physical to coerce a person, one speaks of the crime of robbery with violence. will apply a coercion on the victim so that he is doing what the offender wants.
According to article 242, the person who is guilty of heist through intimidation take a penalty. In these cases, a prison sentence of two to five years will be imposed without damage physical damage done.
If the robbery is committed in a home what is inhabited a penalty of 3 years to 5 years will be imposed. This also includes local buildings or outbuildings.
If he offender uses weapons dangerous to carry out the crime, the upper half of the penalty will be imposed. It is understood both the process of committing the crime like running away to protect yourself.
Considering the case of perpetrate physically to the victim if he calls for help. Depending on the amount of violence exercised, the circumstances will be assessed.
It is possible to obtain a lesser penalty only if the aforementioned elements are considered.
Figures that determine the crimes of theft in the autonomous communities
Catalonia and Madrid are the autonomous communities where this crime is applied the most. The official data depends on the number of complaints made by the victims in the Police National.
It is estimated that approximately 30% of the crimes of robberies they are not accused. Among the most prominent is car theft, pickpockets and home assaults.
The 10% of the robberies they will depend on organized plans and the 90% on impulse. Theft is usually committed in Spain by thieves who are not professionals.
These delinquents have a preference for housing and business in a 50%. The type of robbery in homes are usually in single-family homes.
Thefts without extraction in the penal code
This type of theft seems to occur in the homes where the method is applied home tracking. The particular thing about this type of theft is that it occurs when the occupants are in it.
The objective of the criminal is to obtain the cards and keys of the vehicles, minimizing the danger to the integrity physical. In these cases it is advisable to use the security camera system to bring the facts to the police.
Use of weapons and dangerous means to commit the crime of robbery
Article 242 in section 3 is the one that will establish the elements to be considered in this case. In the section specifies the use of weapons or means dangerous to commit the crime or run away
If he manages to attack those who help the victim, the upper half of the grief. This situation is repetitive given the possibility that he attacks the people who persecute him once he flees.
When the crime of robbery occurs with violence weapons or knives can be used. These instruments will carry the penalty from 3 years to 5 years, according to the circumstances.
Consideration of the inhabited house in the penal code
Article 241 is the one that will establish the elements that make up the inhabited house. The circumstances that rely on this will increase the penalty significantly.
A home inhabited It is the shelter that is constituted as the dwelling for one or more people. The fact in question is that these inhabitants are absent when the robbery is perpetrated.
The dependence of inhabited house involve the buildings or open premises, as well as the patios and garages that are attached. All these exterior components will form part of a single unit physical.
General considerations of the crime of robbery
Given the circumstances indicated in article 242 in section 4, it exposes the possibility of imposing a lower penalty. The grief lower It will depend on the degree that constitutes the entity of violence.
This means that it is possible to reduce the sentence depending on the degree of intimidation that was used during the heist. In these cases, the judge will consider the circumstances that surround the whole process of the heist.
Creating the possibility that the crime is reduced to the minimum penalty. This element will depend on the type of heist made since it is of the type aggravated is not considered.
In Spain the robbery crimes are less than the cases of theft, understanding that violence is not used in this. Statistics in Spain show that theft cases usually happen during the day.
There is a great preponderance of theft in the family homes, especially because of the condition of sometimes being alone. Faced with the possibility of carrying out the crime of robbery with the family in it, will aggravate the crime.
Are circumstances are extremely serious is when minors are present. Complicating the situation even more when weapons are used to exercise violence physical.