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This crime is characterized by the perpetrator’s use of violence or intimidation against people. For it to constitute robbery, the use of violence or intimidation must occur during the commission of the crime, to protect the victim’s escape, or to attack those coming to the aid of the victim or those pursuing them (Article 237 of the Criminal Code).
The crime of robbery with violence or intimidation is punishable by a prison sentence of two to five years , without prejudice to any other possible sentences imposed for other violent crimes committed (Article 242.1 of the Criminal Code). For example, if the perpetrator of the robbery injures the victim with a weapon in order to steal their cell phone, they will be punished as the perpetrator of the crime of robbery with violence in conjunction with the crime of bodily harm.
In accordance with the provisions of the Supreme Court, violence consists of the use of physical force or assault on a person , through which their opposition or physical resistance to the seizure is overcome or avoided (STS No. 491/2019).
Particularly problematic are cases known as snatching (for example, when the perpetrator steals the victim’s purse by pulling on the object in question). The Courts usually understand that such acts constitute the crime of robbery with violence, considering that the mere snatching involves the use of violence aimed at breaking the victim’s resistance to the theft. However, when the perpetrator’s skill or the element of surprise predominates over physical force, the crime may be solely theft (STS No. 920/1998).
The crime of robbery with violence or intimidation is punishable by a higher penalty than that indicated above when any of the following circumstances occur:
Finally, the Criminal Code allows the judge to apply a lower penalty, which implies a prison sentence of 1 to 2 years, depending on the lesser degree of violence or intimidation used, as well as the other circumstances of the crime . Among these circumstances, the courts especially consider the economic value of the stolen objects, the location where the crime was committed, whether it was a group or individual crime, and the number of people assaulted (Supreme Court Ruling No. 34/2017, of January 26).
In this sense, case law has applied the privileged subtype to cases of robbery by snatching in which no injuries are caused to the victim (STS 921/2012), as well as in cases where the violence used consists of delivering a slight push (SAP Barcelona of November 17, 2006).
We are a law firm specializing in theft crimes in Barcelona . Therefore, in this case, the client, once he learned that the Public Prosecutor’s Office was seeking a prison sentence, decided to turn to our firm to defend his interests in the trial. Specifically, our work focused on casting doubt on and highlighting to […]
The client came to our office after learning that two industrial warehouses belonging to him had been occupied. As lawyers specializing in squatting crimes in Barcelona , we quickly acted, filing the corresponding complaint and requesting precautionary eviction measures. While we managed to regain possession in a short time, the fact is that the client, […]
After receiving a court summons as a suspect for fraud , we held an initial in-person meeting with the client to inform him of the steps to follow for his best criminal defense. First, we filed a written statement of appearance with the court that handled the case, requesting a copy of the entire file […]
The client hired us to represent his interests as a victim of a crime of misappropriation . Thus, after the corresponding analysis of the feasibility of the criminal claim, we filed a complaint, which was admitted for processing, thus initiating the preliminary investigation phase of the case. During the investigation phase, we requested that all […]
This crime is regulated in article 298 of the Penal Code.
The crime of damage is regulated in articles 263 to 267 of the Penal Code, within Title XIII.
The crime of usurpation is defined in articles 245 to 247 of the Penal Code, within Title XIII.
