Spain punishes theft crime 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 theft crime It is regulated in articles 234 to 236 of the Penal Code. This line also belongs to crimes against heritage and the socioeconomic order in Spanish territory.
The difference with the heist is that the theft is carried out without the person realizing it.
Difference between the crime of theft and robbery
He criminal law establishes that theft is carried out when, for example, they take your wallet without you realizing it. In robbery, violence and threats are used to obtain another's property.
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Both in the theft crime As with robbery, the object is to seize property that does not belong to you. Expressly without the consent of the owner, this is where the difference arises.
Theft uses violence and the threat to both people and forcing 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 a misdemeanor of theft. When the amount exceeds €400 it is known as crime of theft.
The biggest distinction between these two elements is that the crime has a shame in prison. The offense does not have a prison sentence, but other penalties such as fines are used.
Given the conditions that make up theft, it will always be considered a crime. This aspect elevates it to more serious behavior regardless of what was stolen.
This explanation is set out in article 237 of the Penal Code Spanish. Where guilt is established for committing the crime while fleeing or if 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 gravity of the illicit. The determination of the type of theft will be established in different articles.
The kind of theft crime Basic is when the object that is 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 appropriating other people's property will be punished.
It is known as minor crime of 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 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 so they are punished. The penalty that will be imposed will be 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. They are considered those essential goods that can cause a situation of shortage.
Everything that makes up the infrastructure of electrical service, hydrocarbons, or telecommunications. This includes any action that generates damage to the infrastructure itself.
The products livestock or agricultural farmers that 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 found the circumstances provided for in article 235. This depends on the theft being carried out by the offender.
It will be considered when the action of theft depends on the high amount of value that the object has. stolen.
The pity theft crime It will be greater when I left the victim in a serious economic situation. This includes the ability to take advantage of the circumstance that 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 sentence will be imposed. In these cases, it is considered extremely serious when more circumstances occur than expected.
Case of theft when it is a borrowed object
Article 236 of penal Code It 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 personal property rightfully, but the owner makes the decision to steal it. This type of theft will be considered 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 item exceeds €400, the fine will be 3 to 12 months.
An example that considers this situation is when a computer, but leaves without paying.
Crime of theft before the degree of attempt in Spain
The penal code establishes it as a theft, which is frustrated and that carries a sentence. In this area, the sentence will be attempted in accordance with the case determined by the circumstance.
To carry out the imposition of this degree of attempt It must be one or two degrees lower than the law. These cases usually apply in shopping centers and establishments.
The example that is usually reiterative It is when someone enters a store and puts away an object. The particular situation is that you become surprised by the surveillance in the establishment.
He theft crime It is an alleged offender, but it is handled differently because the object was not stolen. Upon being caught red-handed, the culprit is convicted of the crime of grand theft. attempt.
There are some sentences that depending on the circumstances They are determined as completed theft. In this situation, the full sentence is imposed, without reduction.