Spain punishes the crime of theft against that person who seeks to steal other people's property for profit. The process of theft is to extract against the will of the owner property without force or intimidation.
In Spain the crime of theft is regulated in articles 234 to 236 of the Penal Code. This line also belongs to crimes against property and the socioeconomic order in Spanish territory.
The difference with the heist is that the theft is carried out without the person noticing.
Difference between the crime of theft and robbery
He criminal law establishes that the theft is carried out when, for example, they take your wallet without you noticing. In robbery, violence and threats are used to obtain the good of others.
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both in the crime of theft like theft, the object is to seize a property that does not belong to him. Expressly without the consent of the owner, at this point is where the difference is filed.
Theft uses the violence and the threat both to people and to force things. He heist It is understood as a more serious crime than theft, so theft will have a lesser penalty.
The penal code establishes that if the value of the amount stolen is less than €400 is an offense of theft. When the amount exceeds €400 it is known as crime of theft
The major distinction between these two elements is that the crime has a pity on prison. The offense does not have a prison sentence, but other penalties such as a fine are used.
Given the conditions that make up the theft, it will always be considered a crime. This aspect elevates you to more serious conduct regardless of what was stolen.
This explanation is exposed in article 237 of the Penal Code Spanish. Where guilt is established for committing the crime in flight or in case there is a victim.
Explanation of the basic type of the crime of theft in the penal code
The Spanish penal code establishes different guys of theft because it is considered the gravity of the illicit The determination of the type of theft will be established in different articles.
The kind of crime of theft basic is when the object that is the practice of theft has a value of more than €400. Article 234.1 establishes a prison sentence of six months to 18 years.
The article stipulates that the person who with cheer up of profit appropriate property of others will be punished.
It is known as misdemeanor theft that object whose value is less than €400. Article 234.2 of the Penal Code establishes a fine of 1 to 3 months.
The exception is that they are estate that fit in certain circumstances established in article 235.
Crime of aggravated theft in the penal code
there are some estate that are protected by part of the penal code for which they are punished. The penalty that will be imputed will be from 1 to 3 years in prison, in the case of a type aggravated.
The penal code considers those objects that have a worth artistic scientific even cultural. Those essential goods that can cause a situation of emergency are considered. shortage.
Everything that makes up the infrastructure electric service, hydrocarbons, or telecommunications. This includes any action that causes damage to the infrastructure itself.
The products ranchers or farmers who are stolen from their original farms. This includes animals and elements substantial for this type of activity.
Included in this type of aggravated penalty will be the circumstances provided for in article 235. This depends on the theft being carried out by the offender.
It will be considered when the theft action depends on the high amount of value that the object possesses stolen.
worth the crime of theft It will be higher when I leave the victim in a serious economic situation. This includes the ability to take advantage of the circumstance the victim is going through to carry out the theft.
If the culprit carried out the actions while being a member of a organization criminal is sorry seriously. Crime that will increase when it is carried out using minors under 16 years of age.
If he guilty incurs more than 2 elements, the upper half of the penalty will be imposed. In these cases, it is considered extremely serious when more circumstances than anticipated are incurred.
Case of theft when it is a borrowed object
Article 236 of the penal Code is the one that will regulate this type of special theft in Spain. This occurs when a loan of personal property is made to a third person.
The third person will have the movable property rightfully, but the owner makes the decision to remove it. This type of theft will be considered as damage.
He penal Code establishes a fine of 1 to 3 months when the stolen value is not more than €400. When the value of the stolen goods exceeds €400, the fine will be from 3 to 12 months.
An example that considers this situation is when a computer, but withdraws without paying.
Crime of theft before the degree of attempt in Spain
The penal code establishes it as a theft that is frustrated and that carries a sentence. In this area, the sentence will be in degree of attempt according to the case that determines the circumstance.
To carry out the imposition of this degree of attempt it should be one or two degrees lower than the law. These cases are usually applied in shopping centers and establishments.
The example that is usually reiterative It is when someone enters a store and saves an object. The particular situation is that he becomes surprised by the surveillance in the establishment.
He crime of theft is an alleged infringer, but is handled differently because the object was not stolen. Upon being caught red-handed, the culprit is sentenced for a crime of theft to a degree attempt.
There are some sentences that depending on the circumstances are determined as consummated theft. Given this situation, the sentence is imposed in full, without reduction.