Reconocido como uno de los mejores abogados penalistas 2026
Joaquín Sugrañes ha sido incluido por el prestigioso directorio Best Lawyers entre los mejores penalistas de España
As with the crime of theft, robbery also punishes the act of taking another’s personal property for profit . However, the main difference between the two crimes is that, in robbery, the theft is committed by using force against the property or violence or intimidation against the person , a circumstance that explains the more severe penalty.
A robbery with force is committed by anyone who seizes another’s personal property by using force to gain entry to or leave the place where it is located . This type of crime carries a prison sentence of 1 to 3 years , which increases to 2 to 5 years if any of the circumstances provided for in section 235 of the Penal Code (aggravating circumstances for the crime of theft) occur.
However, it should be clarified that if the perpetrator uses force on the property, but does not do so to gain entry or exit, the act must be classified as theft. For example, breaking a vehicle window to steal the vehicle itself constitutes theft. Conversely, if the window is broken to steal the objects inside the vehicle, this constitutes theft with force.
Article 238 of the Penal Code helps us define this concept, as it includes a series of cases that fall within the concept of force on objects:
On the other hand, the Penal Code imposes a more severe penalty on theft committed in an inhabited home or in buildings or premises open to the public, or in any of their dependencies . In such cases, a prison sentence of 2 to 5 years is imposed.
The aforementioned provision applies to two different situations: on the one hand, burglary in an inhabited home and, on the other hand, burglary in buildings or premises open to the public.
On the one hand, in relation to burglary of an inhabited house, one of the most problematic aspects of this crime lies in determining when we are dealing with an “inhabited house.” The Penal Code itself specifies that an inhabited house is any shelter that is the residence of one or more persons , even if those persons are not present at the time of the burglary. Likewise, the following are considered to be the outbuildings of an inhabited house or of a building or premises open to the public: its patios, garages, and other fenced spaces adjacent to the building , which are connected to the interior and form a physical unit with the building.
In this case, the harsher penalty is explained by the violation of the right to privacy and the danger that the commission of the crime entails for the people living there.
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.
