Theft is one of the most frequent crimes in criminal practice in Spain. Although it is often confused with theft, the legislation establishes clear differences that affect both the seriousness of the crime and the applicable penalties.
In this article, we will explain in a professional and clear manner what constitutes theft, its essential elements and how it is punishable under the Spanish Penal Code.
What is theft?
Theft is defined as the action of taking someone else’s property without using violence or intimidation against persons or force. This main characteristic distinguishes it from theft, which does involve intimidation, violence or force.
Differences between theft and robbery
Although both crimes involve the appropriation of another’s property, the key difference lies in the use of violence, intimidation or force. While theft is carried out discreetly, robbery involves aggression, threats or coercion, which increases the seriousness of the crime and the applicable penalty.
Practical examples of theft
- Stealing a product from a store without paying.
- Appropriating a purse left momentarily in a public space without force or threat.
- Stealing a person’s wallet or cell phone on the street or public transportation.
Criminal procedure and penalties for the crime of theft
The Spanish Penal Code establishes different penalties depending on the value of the stolen object and the circumstances of the case:
- Basic theft: when the amount of the stolen goods exceeds 400 €. The penalty can be from 6 to 18 months imprisonment.
- Petty theft: when the amount of the stolen goods does not exceed 400 €. It is processed as a misdemeanor, with a possible fine of 1 to 3 months.
- Recidivist theft: when the person has been previously convicted of at least three theft or robbery offenses and the accumulated amount exceeds 400 €. In this case, the prison sentence is from 6 to 18 months.
- Aggravated theft: occurs when there are particularly serious circumstances related to:
- The object: basic necessities, artistic or cultural goods, agricultural or livestock products, cabling or communication infrastructures.
- The victim: if the victim or his family is left in a serious financial situation or takes advantage of an accident.
- The perpetrator: if minors under 16 years of age are used or if acting through a criminal organization.
In these cases, the penalty may be increased to 1 to 3 years imprisonment.
Conclusion
Theft, although it may appear to be a minor crime, has significant legal consequences. Both victims and defendants must understand its definition and elements to ensure that rights are respected and the law is properly applied. Even in cases of petty theft, a conviction creates a criminal record.
Therefore, it is essential to have specialized legal advice in theft crimes to protect the rights of the affected party and ensure a fair procedure.
Sara Gabernet Lawyer
Expert in Criminal Law
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