THEFT

The crime of theft is committed by anyone who takes another’s movable property without the owner’s will, for profit (art. 234.1 of the Penal Code). The penalty varies according to the value of the objects stolen:

1. If such value exceeds 400 euros, a prison sentence of 6 to 18 months is imposed.
2. If such value does not exceed 400 euros, a fine of 1 to 3 months is imposed, except if any of the aggravating circumstances described below are present.

However, as a result of the reform introduced in 2022, in cases where the offender has been convicted of at least three crimes against property or against the socioeconomic order of the same nature and the cumulative amount of such offenses exceeds 400 euros, the penalty will be that provided for the basic type (imprisonment of 6 to 18 months).

The crime is considered consummated when the perpetrator has access to the stolen thing. That is, it is not enough that the perpetrator physically takes the thing. Therefore, cases in which the thief is arrested by the police immediately after taking the object in question are punishable as an attempted theft offense (not consummated).

Aggravated modalities

In the first place, if in order to commit the theft, the alarm or security devices installed on the stolen goods have been removed or rendered useless, the penalty will be applied in its upper half.

Secondly, the offense is punishable by imprisonment of 1 to 3 years in the following cases:

1. When things of artistic, historical, cultural or scientific value are stolen.
2. When the theft involves basic necessities and causes a situation of shortage.
3. In the case of pipelines, cabling, equipment or infrastructure components intended for the provision of services of general interest, provided that serious damage is caused.
4. When the theft involves 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 serious damage is caused.
5. If it is particularly serious (according to the value of the stolen effects) or if relevant damages are caused.
6. When the victim or his family is caused a serious economic situation, the crime is committed by abusing his personal circumstances or his helpless situation, or by taking advantage of an accident or the existence of a general danger to the community that has weakened the defense or has facilitated the unpunished commission of the crime.
7. If, at the time of the crime, the offender has been convicted of at least 3 crimes against property or against the socioeconomic order of the same nature.
8. When minors under 16 years of age are used to commit the crime.
9. If the guilty party is part of a criminal organization or group dedicated to the commission of crimes against property or against the socioeconomic order of the same nature.

In addition, if two or more of the circumstances described above concur, the penalty must be imposed in its upper half.

Possessory theft

Possessory theft is a criminal modality regulated in art. 236 of the Penal Code, which punishes the subject who, being the owner of a movable thing or acting with the consent of its owner, steals it from the person who has it legitimately in his possession, thus harming the latter or a third party. As in the case of the basic type of theft, the penalty varies according to the value of the stolen property:

1. If such value exceeds 400 euros, the penalty is a fine of 3 to 12 months.
2. If such value does not exceed 400 euros, the penalty is a fine of 1 to 3 months.