How is the crime of theft with force punished?

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The penalty provided for the crime of theft with force is imprisonment of 1 to 3 years. It is, therefore, a less serious crime . However, an aggravated sentence of imprisonment of 2 to 5 years is contemplated in the event that any of the aggravating circumstances for the crime of theft, provided for in article 235, occur. These circumstances refer to whether the property is especially valuable or necessary, or useful to the community, whether a particularly significant harm is caused, whether the victim is especially harmed or his or her helplessness is abused, whether there is recidivism, whether uses minors under 16 years of age or if they belong to a criminal organization . Other aggravating circumstances for the crime of robbery with force of things In addition, an aggravated prison sentence of 2 to 5 years is also provided for in the event that the robbery has been committed in an inhabited house , building or premises open to the public, even if, in the latter case, it has been outside opening hours.

The penalty is further aggravated, reaching a prison sentence of 2 to 6 years, when in addition to having been committed in an inhabited space or open to the public, any of these circumstances occur: The facts are especially serious, depending on the way the crime was committed and the damage caused. Any of the aggravating circumstances of article 235 occur.Use of force Article 238 clarifies when it is understood that this requirement meets. Article 237, for its part, is limited to requiring the use of force, and this circumstance will be appreciated whether the force is used to access the DM Databases stolen object, or if it is used to leave the scene of the incident. According to article 238, for there to be robbery of things with force, the robbery must be carried out under one of the following circumstances: Escalation: the legal meaning given to escalation is not the grammatical one. Jurisprudence currently understands that there is climbing when access requires a certain skill or effort, and to overcome a height of between 1.5 and 2 meters if it is a wall, or 2 meters if it is a fence or window, excluding windows located on floors.



Removals from homes or establishments, as long as they are not forced (Supreme Court ruling number 898/2022 of November 16). Therefore, if you jump over a 1 meter high wall it is not considered climbing, as it is understood that it is not intended to safeguard property. Breakage of a wall, ceiling or floor, or fracture of a door or window: this circumstance is known as an external fracture, and is what is used to access the scene of the incident or to leave it. Fracture of cabinets, chests or other types of furniture or closed or sealed objects, or forcing their locks or discovering their keys to steal their contents, whether at the place of the theft outside of it: here the internal fracture is contemplated, which is which is done to access the object. A certain level of human effort is required to access an object that is protected by some type of sealing or enclosure. Use of fake keys . Article 239 clarifies what is meant by a false key: lockpicks or other similar instruments, legitimate keys lost by the owner or obtained by criminally punishable means, or any other key that is not intended by the owner to open the lock.