Theft is a severe crime that may have vital authorized penalties. In Spain, the amount of cash stolen is a crucial think about figuring out the seriousness of the crime and the attainable penalties. On this article, we are going to discover what occurs if you happen to steal greater than 400 euros and the way these instances are dealt with within the Spanish authorized system.
How a lot cash is taken into account theft in Spain?
The Spanish penal code establishes that theft is a criminal offense that includes taking possession of one other's movable property with out the consent of its proprietor, with the intention of acquiring an financial profit. If the worth of the stolen items is lower than 400 euros, it’s thought of minor theft. Nevertheless, if the quantity exceeds 400 euros, the crime is taken into account aggravated theft.
How lengthy do they put you in jail for stealing?
The punishment for theft in Spain varies relying on the severity of the crime and whether or not the accused has a legal report. If the worth of the stolen items exceeds 400 euros, the crime is taken into account aggravated theft and could be punished with a jail sentence of 1 to three years.
You will need to understand that these are the utmost punishments and that the precise size of the sentence could rely upon numerous circumstances, reminiscent of cooperation with justice, legal historical past, and the magnitude of the crime.
How you can get out of a trial for minor theft?
If the worth of the stolen items is lower than 400 euros and the crime is taken into account petty theft, it’s attainable to keep away from a trial if sure circumstances are met. In these instances, the accused can profit from the conditional suspension of the sentence, so long as he has no legal report and meets the necessities established by the decide.
These necessities could embrace paying compensation to the sufferer, performing neighborhood service, or collaborating in rehabilitation applications. If the defendant efficiently meets these circumstances, the case could be dismissed and she or he won’t face a jail sentence.
When is theft thought of a criminal offense?
Along with the worth of the stolen property, there are different elements that may affect whether or not a criminal offense is taken into account larceny or theft.
For instance, if the offender makes use of violence or intimidation to commit the theft, it’s thought of a criminal offense of theft with violence or intimidation, which has extra severe penalties.
Normally, larceny differs from theft in that it doesn’t contain using pressure or violence in opposition to the sufferer. Nevertheless, if the offender makes use of some kind of weapon or risk to commit the theft, the crime is taken into account theft with violence or intimidation.
Penalty for theft with out prior historical past
If an individual is convicted of theft with no legal report and the worth of the stolen items is greater than 400 euros, they could face a jail sentence of 1 to three years. Nevertheless, as we talked about above, the precise size of the sentence could range relying on the particular circumstances of the case.
You will need to spotlight that the Spanish authorized system goals to rehabilitate criminals, so in some instances various sentences to jail could also be imposed, reminiscent of neighborhood work or rehabilitation applications.
Frequent questions
What occurs if the stolen worth is lower than 400 euros?
If the worth of the stolen items is lower than 400 euros, the crime is taken into account petty theft and could be punished with a high quality or a minor jail sentence. Nevertheless, it’s attainable to keep away from a trial and obtain a conditional suspension of sentence if sure necessities are met.
What’s the distinction between theft and theft?
The principle distinction between theft and theft lies in using pressure or violence. Theft includes taking possession of one other's property with out the proprietor's consent, whereas theft includes using pressure or violence in opposition to the sufferer.
How lengthy can a jail sentence final for aggravated theft?
In instances of aggravated theft, the place the worth of the stolen items exceeds 400 euros, the jail sentence could be 1 to three years. Nevertheless, the precise size of the sentence could range relying on the particular circumstances of the case and the defendant's legal historical past.
Are you able to keep away from jail for aggravated theft?
In some instances, it’s attainable to keep away from jail for aggravated theft if sure circumstances established by the decide are met. These circumstances could embrace compensation to the sufferer, neighborhood service, or participation in rehabilitation applications.