Theft is one of the most frequent offenses in Spanish criminal practice. Although it is often confused with robbery, the law establishes clear differences that affect both the severity of the crime and the applicable penalties.
In this article, we will explain clearly and professionally what constitutes theft, its essential elements, and how it is punished under the Spanish Penal Code.
What is theft?
Theft is defined as the act of taking possession of someone else’s property without using violence or intimidation against people, or force against objects. This main characteristic distinguishes it from robbery, which does involve intimidation, violence, or force.
Differences between theft and robbery
Although both crimes involve the appropriation of others’ 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 severity of the offense and the applicable penalty.
Practical examples of theft
- Taking a product from a store without paying.
- Taking a bag left momentarily in a public space without force or threats.
- Stealing a person’s wallet or mobile phone on the street or public transport.
Criminal procedure and penalties for the offense 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 value of the stolen items exceeds €400. The penalty can be 6 to 18 months in prison.
- Minor theft: when the value of the stolen items does not exceed €400. It is processed as a minor offense, with a possible fine of 1 to 3 months.
- Repeat 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 6 to 18 months.
- Aggravated theft: occurs when especially serious circumstances are present, related to:
- The object: essential items, artistic or cultural goods, agricultural or livestock products, wiring, or communication infrastructure.
- The victim: if the victim or their family is left in a serious economic situation or if an accident is exploited.
- The perpetrator: if minors under 16 are used or if acting through a criminal organization.
In these cases, the penalty can increase to 1 to 3 years in prison.
Conclusion
Theft, although it may seem like a minor offense, has significant legal consequences. Both victims and the accused must understand its definition and elements to ensure that rights are respected and the law is correctly applied. Even in cases of minor theft, a conviction generates a criminal record.
Therefore, it is essential to have specialized legal advice on theft offenses to protect the rights of the affected party and ensure a fair procedure.
Sara Gabernet Attorney
Criminal Law Expert
M&C Abogados
