The crime of theft explained: regulation, penalties, trial and more
Theft is a patrimonial crime that consists of appropriating someone else’s property without consent and without violence or intimidation .
Where is the crime of theft regulated?
The crime of theft is regulated in the Criminal Code , Book II (Crimes and their penalties), Title XIII (Crimes against property and against the socioeconomic order), Chapter I (Thefts), articles 234 to 236.
Specifically, the basic type in which the definition of theft appears is found in the first section of precept number 234 of the Penal Code:
1. Whoever, for profit, takes other people’s personal property without the will of its owner will be punished, as guilty of theft, with a prison sentence of six to eighteen months if the amount of what was stolen exceeds 400 euros.
How is the crime of theft defined?
Taking the literal meaning of the Legal Spanish Dictionary, theft can be defined as “a crime committed by someone who, for profit, takes other people’s personal property without the will of its owner.”
Can a crime of theft be processed in a speedy trial?
Taking the Law of Criminal Procedure as a reference , it can be affirmed that the theft continues its process of resolution through a speedy trial .
The legal basis that supports it is in its article 795, which lists the crimes that can be subject to a speedy trial , and says:
That it be one of the following crimes: crimes of theft.2. That it is one of the following crime
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Can there be modifications in the sentence for a crime of theft?
Reduction in the sentence for the crime of theft
Pursuant to the second section of article 234 of the Criminal Code, if the amount of the stolen without the will of the owner is equal to or less than 400 euros , a fine of one to three months will be applied to the accused of theft (this is what It is called a minor crime of theft ):
2. A fine of one to three months will be imposed if the amount of what was stolen does not exceed 400 euros, except if any of the circumstances of article 235 were present. However, in the event that the guilty party had been sentenced For at least three crimes included in this Title, even if they are minor, provided that they are of the same nature and that the accumulated amount of the offenses is greater than €400, the penalty of section 1 of this article will be imposed.
Records that have been or should be canceled will not be taken into account.
Article 234.2 of the Penal Code
Aggravation in the penalty for theft crime
According to precept number 234.3 of the same code, the penalty will be applied in its upper half , when the following occurs:
3. The penalties established in the preceding sections will be imposed in their upper half when the commission of the act has neutralized, eliminated or rendered useless, by any means, the alarm or security devices installed in the stolen items.
Article 234.3 of the Penal Code
In addition, article 235 mentions a catalog of circumstances that would increase the penalty for theft if it is committed in any of the following ways:
1. Theft will be punished with a prison sentence of one to three years:
1st When things of artistic, historical, cultural or scientific value are stolen.
2nd When it comes to essential things and a shortage situation is caused.
3. In the case of pipes, wiring, equipment or infrastructure components for electricity supply, hydrocarbons or telecommunications services, or other things intended for the provision of services of general interest, and a serious loss is caused to the same.
4th In the case of agricultural or livestock products, or the instruments or means used to obtain them, provided that the crime is committed on agricultural or livestock farms and causes serious damage to them.
5.º When it is particularly serious, considering the value of the items stolen, or damages of special consideration are produced.
6th When it puts the victim or his family in a serious economic situation or has been carried out by abusing his personal circumstances or his situation of helplessness, or taking advantage of the production of an accident or the existence of a general risk or danger for the community that has weakened the defense of the offended party or facilitated the unpunished commission of the crime.
7th When the guilty party had been sentenced executorily for at least three crimes included in this Title, provided they are of the same nature. Records that have been or should be canceled will not be taken into account.