Theft in Spain
The Penal Code defines stealing as taking possession of another person’s goods without the use of violence. If violence is used, then it counts as robbery. In Spain, the crime of theft ( “hurto “) is divided into petty theft and aggravated theft.
Petty Theft
Article 234 of the Penal Code states that petty theft is when the amount of the stolen goods does not exceed 400 euros. In this case, the offender will be fined from one to three months. By default, petty theft is not punishable by imprisonment but only a economic penalty. Nevertheless, as it is a criminal offence, it will result in a criminal record.
Aggravated theft
On the contrary, if the amount of theft exceeds 400 Euros, then it is considered as aggravated theft. In this case, the penalty is 6 months to 18 months of imprisonment. Since the penalty does not exceed two years, the convicted can apply for a suspended sentence.
In addition, the following circumstances are punishable by one to three years of imprisonment, regardless of the amount stolen:
-Theft of electrical wires.
– Committing theft more than 3 times, regardless of the amount.
-Theft using a child under the age of 16.
-In particularly serious cases, such as those involving large amounts of money or great harm to the victim.
Crime of burglary in Spain
In Spain, it is not considered as theft (“hurto”) to break the lock of a door or a window to enter the house and steal something. This type of theft is considered the same as robbery because of the use of violence. Article 241 of the Penal Code provides that the penalty for burglary is two to five years’ imprisonment.
