CRIMES AGAINST THE PROPERTY
CRIME OF ROBBERY
CRIME OF THEFT
CRIME OF THEFT OF I USE VEHICLE MOTOR
CRIME OF EXTORTION
CRIME OF IT SWINDLES.
The crimes denominated against the property, in the Penal new Code denominated against the Patrimony and the socioeconomic order, you tipifican in the Penal Code of 1995, Organic Law 10/1995, of November 23, of the Penal Spanish Code, in their I TITLE XIII, with the following division:
CHAPTER I. OF THE THEFTS. (Arts. 234 to the one 236)
CHAPTER II. DE THE ROBBERIES. (Arts. 237 to the one 242)
CHAPTER III. DE THE EXTORTION. (Art. 243)
CHAPTER IV. DE THE ROBBERY AND THEFT OF USE OF VEHICLES. (Art. 244)
CHAPTER V. OF THE USURPATION. (Arts. 245 to the one 247)
CHAPTER VI. DE DEFRAUDACIONES.
SECTION 1. DE THE SWINDLES. (Arts. 248 to the one 251)
SECTION 2. DE THE UNDUE APPROPRIATION. (Arts. 252 to the one 254)
SECTION 3. DE DEFRAUDACIONES OF ELECTRIC AND SIMILAR FLUID. (Arts. 255 and 256)
CHAPTER VII. DE THE PUNISHABLE INSOLVENCIES. (Arts. 257 to the one 261)
CHAPTER VIII. DE the Alteration OF Prices in Competitions and Public Auctions (Art. 262)
CHAPTER IX. DE THE DAMAGES (Arts. 263 to the one 267)
CHAPTER X. Dispositions Common to the Previous Chapters. (Arts. 268 and 269)
XI CHAPTER. DE THE RELATIVE CRIMES TO THE INTELLECTUAL PROPERTY AND INDUSTRIAL, TO THE MARKET AND THE CONSUMERS.
SECTION 1. DE THE RELATIVE CRIMES TO THE INTELLECTUAL PROPERTY. (Arts. 270 to the one 272)
SECTION 2. DE THE RELATIVE CRIMES TO THE INDUSTRIAL PROPERTY. (Arts. 273 to the one 277)
SECTION 3. DE THE RELATIVE CRIMES TO THE MARKET AND THE CONSUMERS. (Arts. 278 to the one 286)
SECTION 4. DISPOSITIONS COMMON TO THE PREVIOUS SECTIONS. (Arts. 287 and 288)
XII CHAPTER. DE the Subtraction OF It Sews Characteristic to Their Social or Cultural Utility. (Art. 289)
XIII CHAPTER. DE THE ASSOCIATION CRIMES. (Arts. 290 to the one 297)
XIV CHAPTER. DE RECEPTACIÓN AND OTHER KINDRED BEHAVIORS. (Arts. 298 to the one 304)
We will only highlight the most important as for the statistical indexes of delinquency in Spain, regarding this type of crimes.
CRIME OF ROBBERY
You tipifican in the Penal Spanish Code, in the article 237 at the 242, both inclusive, pointing out the art. 237 that: They are "criminals of the robbery crime those that, with spirit of lucre, you apoderaren of the other people's things furniture using force in the things to consent to the place where these are or violence or intimidation in people."
Also and for their importance, we will point out that the article 238, it establishes some robbery types increased by the circumstances that make an appointment in the same one, it points out the article that, they are criminals of the robbery crime with force in the things "those that execute the fact when some of the following circumstances converges:
2º wall Break, roof or floor, or door fracture or window.
3º Fracture of closets, arks or another class of furniture or closed or sealed objects, or forzamiento of their locks or discovery of their keys to subtract their content, be in the place of the robbery or outside of the same one.
4º Use of false keys.
5º Inutilización of specific systems of alarm or he/she keeps.
The article 239 indicate what you/they are false keys:
1º The picklocks or other similar instruments.
2º The legitimate keys lost by the proprietor or obtained by a mean that constitutes penal infraction.
3º Any others that are not those dedicated by the proprietor to open the lock forced by the criminal.
To the effects of the present article, they are considered keys the magnetic or perforated cards, and the controls or opening instruments at distance.
The article 240, it points out: "The robbery culprit with force in the things will be punished with the prison pain from one to three years."
Among the robberies with increased pain, from two to five years of prison, you tipifica in the art. 242 of the Penal Code, "To the robbery culprit with violence or intimidation in people..."
Some particularities, from the point of view jurisprudencial:
They show the housing condition or home the autocaravanas, roullotes or campaign stores that use with character newspaper or permanent to eat, to rest or to sleep. To be entered he/she specifies judicial commandment if the holder (STS 419/2000) doesn't consent, but whenever it consists credited the use class to that it is dedicated.
He/she marries inhabited it is considered home of the art. 18.2 CE "the space capable environment for the development of the private life, although it is eventual." Their external signs should reveal their holder's clear will of excluding this space and the activity in him developed to the knowledge and interferences of third.
Not it is applicable if one declares that the house was uninhabited.
Violence this can consist on a mere push "without causing lesion some" (STS 833/98 OF 17 -6) or in the struggle with the victim to take possession of the handbag.
The "Tug" of a handbag made from a vehicle in march is robbery and it cannot be considered attenuated by the "scarce violence" (STS 358/2000)
To snatch a minor the chain that took to the neck giving him/her for it a "tug" constitutes robbery equally.
CRIME OF THEFT
They are in the Penal Code in the art. 234 at the 236 both inclusive, pointing out the first of the mentioned articles that: "The one that, with spirit of lucre, I will take the other people's things furniture without their owner's will, it will be punished, as theft criminal, with the prison pain from six to eighteen months, if the quantity of the sustraído exceeds of 400 euros."
They are in fact those 400 euros, what establishes the difference between a crime and a lack (art.623.1CP).
In fact, the art. 623 of the penal Code, it points out: They will be punished with permanent localization from four to 12 days or it fines from one to two months: 1. Those that make theft, if the value of that stolen didn't exceed of 400 euros."
CRIME OF EXTORTION
You tipifica in the article 243, "The one that with spirit of lucre, I will force to other, with violence or intimidation, to carry out or to omit an act or juridical business in damage of their patrimony or of that of a third, it will be punished with the prison pain from one to five years, without damage of those that could be imposed by the carried out acts of physical violence."
DE THE ROBBERY AND THEFT OF USE OF VEHICLES
You tipifican in the article 244, settling down that: "1. The one that sustrajere a vehicle to motor or other people's autocycle whose value excediere of fifty thousand pesetas, without spirit to appropriate it, it will be punished with the arrest pain from twelve to twenty-four weekends or it fines from three to eight months if the restituyere, direct or indirectly in a term non superior at forty eight hours, without in any case the imposed pain can be same or superior to which would correspond if you will adapt definitively of the vehicle.
2. If the fact you will execute using force in the things, the pain will be applied in its superior half.
3. Of not being made the restitution in the signal term, the fact will be punished as theft or robbery in its respective cases.
4. If the fact you cometiere with violence or intimidation in people, will be imposed, in any event the hardships of the article 242."
The Organic Law 11/2003, of September 29, of concrete measures as regards civic security, domestic violence and the foreigners' social integration (B.Or.And. nº 234 of September 30), he/she settles down in their Exhibition of reasons:
The section 1 are added and it modifies the section 2 of the article 147 of the Penal Code, in the following sense: As for the section that one adds (1) "with the same pain it will be punished the one that, in the term of one year, have carried out four times the action described in the article 617 of this Code"
A paragraph second it is added to the article 234, for the realization of at least four times lacks of theft of the article 623.1
A paragraph second it is added to the section 1 of the article 244, for which carries out at least four times the actions of the article 623.3 of the Penal (subtraction without spirit of appropriation of a vehicle) Code.
CRIME OF IT SWINDLES
They make swindle those that with spirit of lucre, utilizaren enough deceit to produce an error in other, inducing it to carry out a disposition act in own or other people's damage.
The difference with the Undue Appropriation, is that in this the delivery of the thing is made by virtue of some of the titles of the art. 252, what determines that the active fellow's initial possession is licit. Being this way, the deceit that possibly can be used to facilitate or to hide the later appropriation it doesn't transform to the fact into swindle.
The difference with the falsehoods is confused, when the falsification of a document is the deceiving mean that is used to produce the defraudación.
The deceit, is the most characteristic element in the swindle. Not all deceit is able to integrate the swindle: it must be "enough" about a deceit. The concretion of that sufficiency is made, in general, differing among an objective module, referred to the half man, and of the one that is derived the demand of a minimum certain condition, and a subjective module, complementary of the previous one.
Not it is enough to appreciate the swindle, in general, the simple lie, because it would be equal it to criminalize for swindle all the unfulfilled promises
The relationship of causation that he/she should mediate among the different elements of the crime present must be also: the deceiving behavior is cause of the error, and this of the disposition act that, in turn, it determines, as effect, the damage. The common thing is that the deceit precedes to the disposition act.
The damage must be real, effective, rateable economically and of certain or determinable entity, because its concretion is necessary for the qualification of the fact as crime or like lack.