Difference between robbery and theft in Spain

Theft and robbery are two concepts that often cause confusion among citizens. So much so that it is not uncommon to hear people confusing them. But what exactly is the difference between them? Here we are going to explain it and make it absolutely clear.

What is theft?

To find the definition of theft, we must turn to the provisions of articles 234-236 of the Penal Code. In these articles it is defined as a basic and intentional crime against property. Therefore, it falls within the category of actions against property and socio-economic order.

Specifically, the Penal Code establishes that the crime of theft consists of taking someone else's movable property without the permission of its legitimate owner and with the intention of making a profit. We can easily illustrate this with an example.

Let us imagine a person who is having a coffee on the terrace of a bar. After sitting down on the chair, he places his bag on the table while he adjusts his coat to the seat. At the precise moment when she is not paying attention, someone appears, snatches it and runs off without her being able to do anything. In this case, we would be dealing with theft.

However, there are two types of theft, as set out in the Penal Code, depending on the amount of the stolen item:

• More than 400 euros. In this case, the offender will be sentenced to between 6 and 18 months imprisonment.
• Less than 400 euros. Between 1 and 3 months imprisonment.

Therefore, we can determine that there is a minor and an aggravated type of theft. However, are there conditions that aggravate the penalties, even if the amount stolen is less than 400 euros? The answer is yes. Specifically, the penalties will always be imposed in the upper half of the sentence:

• If security or alarm devices incorporated in the stolen goods are removed, rendered useless or neutralised.
• If the offender has been previously convicted of three offences against property and socio-economic order.

What is robbery?

Theft is a crime of similar characteristics that is reflected in articles 237-242 of the Penal Code. In fact, it also consists of the seizure of movable things from another person without their permission. The difference lies in the use of force, violence or intimidation.

For example, picking the lock of a car to steal a laptop computer stored inside is theft by force. In this case, the penalty ranges from 12 to 36 months imprisonment. Most defendants charged with this offence, as long as they do not have a criminal record, do not usually go to prison.

On the other hand, if violence or intimidation is used to get the owner of the vehicle to get out of the car, take it away and steal the contents inside, the penalty ranges from 2 to 5 years. In this case, the possibility of imprisonment is very high.

Factors such as, for example, the value of the stolen goods or the convicted person's criminal record can influence the sentence to be set at the upper half of the sentence.

So what is the difference between burglary and robbery?

At this point, it is clear that theft and robbery are not synonyms, but very similar crimes. The difference between one and the other lies in the use or non-use of force, intimidation or violence.

We go back to the example of the person who was quietly drinking coffee in the bar. In the situation described above, i.e. that of a stranger taking her bag without her consent, we would be dealing with a theft offence.

On the other hand, if the person still had the bag in his hands and the offender snatched it from him, we would be dealing with theft. The difference is more than obvious.

Is there a difference between theft and theft of 400 euros?

This is a very common confusion among citizens. It is common to hear people say that if the amount stolen is more than 400 euros, it is not theft, but robbery.

However, this is not the case. Even if the amount stolen exceeds this figure, as long as there is no force, violence or intimidation involved, it would be theft and not robbery. Even if the value of what was stolen was several thousand euros.

Now we believe we have cleared up all the doubts that our readers may have regarding the difference between theft and robbery according to the Penal Code. Even so, we would like to invite all those who are facing a complaint for this type of crime, either as the accused or as a victim, to contact a criminal lawyer. Only a professional specialised in the matter will be able to provide you with the advice and help you need to face the process with the maximum legal guarantees.