On robbery and burglary

Articles 237 to 242 of the Spanish Criminal Code

Robbery Lawyers in Spain

On robbery and burglary

Spanish Criminal Code | We specialize in robbery and burglary

 

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We are well-regarded as one of the best criminal law firms in Spain, and we specialize in robbery and burglary. Our experienced team of criminal lawyers can represent you in any Spanish court for your robbery case. We can provide criminal law advice, assist you with a criminal appeal or provide representation and specialist advice for a criminal trial.

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...Those who seize moveable assets pertaining to others for profit, using forcible means to access the place where these are located, or violence or intimidation on persons, whether to commit the criminal offence or to secure escape, or against those who appear to aid the victim or those who pursue him, shall be convicted of robbery... We are Robbery Lawyers in Spain


 

Spanish Criminal Law on Robbery and Burglary

Organic Act 10/1995, dated 23rd November, on the Criminal Code | Articles 237 to 242

 

Article 237

 

Those who seize moveable assets pertaining to others for profit, using forcible means to access the place where these are located, or violence or intimidation on persons, whether to commit the criminal offence or to secure escape, or against those who appear to aid the victim or those who pursue him, shall be convicted of robbery.
 

Article 238

 

Those perpetrating these deeds shall be convicted of burglary if any of the following circumstances concurs:

1. Climbing;

2. Breaking walls, ceilings or floors, forcing doors or windows;

3. Breaking open cabinets, trunks or other kinds of furniture or closed or sealed objects, or forcing their locks, or discovering their codes to steal the content, whether at the place of the burglary or outside it;

4. Use of forged keys;

5. Deactivating alarm or security systems.
 

Robbery Lawyers in Spain

We specialize in robbery and burglary | Robbery Lawyers in Spain

 

Article 239

 

The following shall be deemed forged keys:

1. Lock picks or other similar instruments;

2. The lawful keys lost by the owner or obtained by a method that amounts to a criminal offence;

3. Any others that are not those used by the owner to open the lock the convict has forced.

For the purposes of this Article, magnetic or punched cards, remote controls or instruments to open remotely, and any other technological instrument with a similar effectiveness shall be deemed keys.
 

Article 240

 

1. Whoever is found guilty of robbery with use of force shall be punished with a prison sentence of one to three years.

2. A prison sentence of two to five years shall be imposed if any of the circumstances foreseen in Article 235 concurs.
 

Article 241

 

1. If the robbery is committed in an inhabited house, a building or premises open to the public or in any of the annexes thereof, a prison sentence of two to five years shall be imposed.

If the deeds were committed in premises open to the public or in any of the annexes thereof, outside of normal business hours, a prison sentence of one to five years shall be imposed.

2. An inhabited house is deemed to be any accommodation that is the dwelling place of one or more persons, even though they may circumstantially be absent from it when the robbery took place.

3. The annexes of an inhabited house or a building or premises open to the public are deemed to include courtyards, garages and other spaces or locations thereof that are fenced in and adjoining the building and internally linked to form a physical unit therewith.

4. If the deeds outlined in the preceding Sections are particularly serious, in view of the manner in which the criminal offence was committed or the damages caused and, in all events, when any of the circumstances outlined in Article 235 concur, a prison sentence of two to six years shall be imposed.
 

Article 242

 

1. Whoever is found guilty of robbery with violence or intimidation against persons shall be punished with a sentence of imprisonment from two to five years, without prejudice to the relevant punishment for the deeds of physical violence he may have perpetrated.

2. If the robbery is committed in an inhabited house a building or premises open to the public or in any of the annexes thereof, a prison sentence of three years and six months to five years shall be imposed.

3. The penalties stated in the preceding Sections shall be imposed in the upper half if the criminal uses weapons or equally dangerous means, either to commit the criminal offence or to protect flight therefrom, and if he attacks those who come to aid the victim or those who pursue him.

4. A lower degree punishment than that foreseen in the preceding Sections may be handed down in cases of lesser violence or intimidation, and also appraising the remaining circumstances of the deed.
 


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