Theft Crime

The crime of theft is regulated in articles 234 and following of our penal code. It is a crime consisting, as in the crime of robbery, in appropriating something that does not belong to you. In this crime, however, there is neither violence or intimi- dation against persons, nor force against things. In its basic modality, this crime is punished with a prison sentence of six to eighteen months, provided that the amount of the stolen goods exceeds 400 euros. If the amount is less, a fine will be imposed.

Article 235 contains aggravating circumstances, in which the prison sentence will be from one to three years. These cases are, among others: when the theft is made on things of artistic or cultural value; when it is made on goods of basic necessity; when things destined to the provision of services of general interest are stolen; when the theft of the thing leaves the victim in a delicate economic situation; when a minor under sixteen years of age is used for the commission of the crime.

A person who, being the owner of a movable thing, steals it from a person who has it legitimately in his possession, will also be punished as a perpetrator of the crime of theft. The penalty shall be a fine.