Theft and robbery charges in Spain: penalties and defence

Theft (hurto)

Theft over 400 euros (art. 234.1)

Taking someone else's movable property for profit without the owner's consent: prison of six to eighteen months if the value exceeds 400 euros.

Theft up to 400 euros (art. 234.2)

A minor offence with a fine of one to three months, unless aggravating circumstances apply or the person has three previous convictions for similar offences.

Aggravated theft (art. 235)

One to three years when, among other cases, the items are of particular value, the victim is left in a serious situation, the theft concerns certain infrastructure or the offender is a habitual one.

Robbery (robo)

Robbery with force on things (arts. 237 to 241)

Taking property by breaking in, forcing locks, using false keys or climbing in: one to three years. In an inhabited home, a building open to the public or their outbuildings: two to five years.

Robbery with violence or intimidation (art. 242)

Taking property using violence or intimidation against a person: two to five years, in addition to the penalty for any injuries. In an inhabited home or a building open to the public: three and a half to five years. With weapons or dangerous means: the upper half of the penalty.

Mobile phones and holiday situations

• Picking up a lost phone and keeping it can be theft or misappropriation of lost property.
• Snatching a phone or a chain from someone's hand is usually treated as robbery with violence.
• Taking items from a hotel room is theft, or robbery if a door or safe is forced.
• Buying a stolen phone can be handling stolen goods.

How theft and robbery charges are defended

The defence examines the value of the property, whether there was really force or violence, identification by CCTV and witnesses, and the intention to take the item. Returning the property and compensating the victim before trial reduces the penalty. Most cases go through a fast-track trial, where a plea deal may be offered.

If you are the victim

Report the theft at the nearest police station and keep a copy of the complaint, which is needed for insurance. If the offender is caught, you can join the case and claim compensation. See victims of crime.

A practical example

An Austrian tourist was accused of robbery with violence for pulling a bag from a woman's hand at a Palma nightclub. CCTV showed that the bag belonged to his partner and had been picked up by mistake. The charge was dismissed at the duty court. More in Spanish on our sister site: delito de robo, and on the firm's main website: robbery.