Crimes against property: theft and robbery
The Penal Code establishes a series of crimes classified as crimes against the patrimony: theft, robbery, fraud, misappropriation...
Theft and robbery are the most common types of crime.
The main difference between them is the use of force to make it (theft) or not (robbery)
Theft crime
The crime of theft is the theft of objects without permission of the rightful owner. In order to commit this act, force is used on things, i. e. by forcing doors or windows etc. or on people, intimidation, violence...
The crime of theft is punishable by one to three years' imprisonment.
In addition, the Criminal Code provides for a number of aggravating factors that may extend the length of sentences. The following are considered aggravating factors: theft of basic necessities, theft of goods of historical or artistic value, the recidivism of the thief, etc.
The term of imprisonment may be increased if there is an aggravating circumstance, in which case the penalty would be between two and five years' imprisonment.
Theft crime
It is the one in which a property is removed without the consent of its rightful owner without using violence to do so, neither on things nor on people.
A distinction is made between the misdemeanour of petty theft, which is one in which the amount of stolen money does not exceed 400 euros and the serious crime of theft, which exceeds this amount.
For the minor crime of theft, the penalties established by law range from one month to three months' fine.
For the serious crime of theft, the penalties will range from 6 to 18 months' imprisonment.
As with the crime of theft, there are also a number of aggravating factors that can lengthen the sentence imposed.
If you have been involved in the commission of a theft or robbery crime, you must have the necessary legal advice due to the seriousness of the penalties you may face.
Our Marbella Lawyers are specialized in Criminal Law and can help you during the whole process, guaranteeing the respect of your rights and offering you the best legal assistance.
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