Anonymised case study
Robbery: insufficient identification evidence
A robbery with violence was being investigated. The crucial question was whether the proceedings allowed it to be attributed to a particular person.
Read moreServices
Defence for theft, robbery and burglary
Specify the facts and identification of the person.
We analyze the mode of seizure, the value of the goods, identification and proof of participation. Differentiating theft, robbery with force and robbery with violence or intimidation is essential to guide the defence or the prosecution.
What should be reviewed?
The existence of a crime and the identification of its perpetrator are distinct issues. Force, violence, amount and legal circumstances can substantially change the qualification.
What can you prepare?
- Complaint and summons
- Relationship and valuation of assets
- Recordings and reconnaissance procedures
- Documents on restitution or reparation
Understanding to Decide
Related legal terms
Cases related to this service
Anonymised case study
Robbery: agreement, suspension and later remission of the sentence
A trial of robbery with violence ended with compliance. In addition to setting the penalties, the court examined individually whether the prison of each convicted person should be suspended.
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A wine-cellar burglary and multiple sources of evidence
The Supreme Court upheld convictions for an especially serious burglary involving force at business premises. It emphasised the combined assessment of witness accounts and other evidence challenged by the defence.
ECLI:ES:TS:2024:173
Read moreSupreme Court · Second Room · 2022
Shooting at fleeing intruders
The court upheld injury convictions against a person who fired at a vehicle carrying intruders after an attack on his home. It applied an incomplete defence of overwhelming fear and also reviewed the intruders’ convictions.
ECLI:ES:TS:2022:947
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Medical data obtained without authorisation
The court set aside a conviction where medical data obtained without consent or judicial authorisation had enabled investigators to identify and link the defendant to the events. It examined whether the remaining evidence was sufficient.
ECLI:ES:TS:2022:4754
Criminal defence and fast-track proceedingsPrivacy and disclosure of private informationTheft, robbery and burglaryInjuries and assault
Read more Answers to guide you
Questions and answers about this service
19 Brief answers with references to official regulations.
What's the difference between theft and theft?
Stealing implies seizure without violence, intimidation or typical force to access or leave the place. Robbery incorporates some of these legal forms.
Consult this service ↗See FAQ ↗Is a theft of less than 400 euros always mild?
No. There are aggravated circumstances and rules of multirecidence. The wording in force at the time of the events, including the reform of 2026, should be checked.
Consult this service ↗See FAQ ↗Can the record aggravate a new theft?
Yes, under legal requirements. They do not count those cancelled or that they should be; it is necessary to review the nature, firmness and dates of the convictions.
Consult this service ↗See FAQ ↗Does removing a product alarm have additional criminal consequences?
Article 234 provides for an aggravation of the penalty for neutralizing alarm devices or security of things stolen. That performance must be proven.
Spanish Criminal Code · art. 234
Consult this service ↗See FAQ ↗Can breaking a window to get in be robbery with force?
Yeah. Fracturing of doors or windows is one of the expected forms of force, provided that it meets the other elements of the theft.
Spanish Criminal Code · art. 238
Consult this service ↗See FAQ ↗See the remaining questions
Can using a stolen key be considered strength?
The use of false keys includes assumptions defined by law, including certain stolen keys. It is necessary to examine how they were obtained and used.
Consult this service ↗See FAQ ↗Is the pull of a purse always stolen?
No. According to the violence exercised and the facts, it can constitute robbery with violence. The colloquial denomination does not determine the rating.
Spanish Criminal Code · art. 242
Consult this service ↗See FAQ ↗Does returning the subtracted eliminate the crime?
Not automatically. It may influence reparation and punishment, but it does not erase a seizure already committed.
Consult this service ↗See FAQ ↗Is it a crime if I'm arrested before I leave the store?
There may be attempt or consummation depending on the availability of the object and circumstances. Leaving the establishment physically is not the only criterion.
Consult this service ↗See FAQ ↗Is saving a foreign object found always stolen?
Not necessarily. It may pose an appropriation of other people's furniture or other qualification according to how it was received or found and subsequent conduct.
Spanish Criminal Code · art. 254
Consult this service ↗See FAQ ↗Buying a stolen cell phone can be a crime?
Yes, if the reception requirements are met, including knowledge of the criminal origin and the intended exploitation or assistance.
Spanish Criminal Code · art. 298
Consult this service ↗See FAQ ↗Do you need to catch me with the object to convict me?
Not necessarily. Other means of proof can be used with guarantees. The prosecution must prove the authorship and elements of the offence.
Spanish Criminal Procedure Act · art. 741
Consult this service ↗See FAQ ↗Can chambers of commerce be used as evidence?
They can be provided and examined if they are relevant and legally usable. The identification, integrity and context of images may be contradictory.
Spanish Criminal Procedure Act · art. 299
Consult this service ↗See FAQ ↗Is breaking into a house making the criminal response worse?
Robbery at home has a specific regulation. The nature of the place, the way of access and the circumstances of execution should be analysed.
Spanish Criminal Code · art. 241
Consult this service ↗See FAQ ↗Will I answer anything that anyone who accompanies me does?
Not automatically. Responsibility depends on your intervention and the knowledge and scope of the shared plan, with individualized testing.
Consult this service ↗See FAQ ↗Can you convict yourself of a robbery that didn't come to an end?
Yes, attempt is punishable when its requirements are met. Their sentence is determined by the degree of execution and the danger generated.
Consult this service ↗See FAQ ↗What value is used to decide the amount subtracted?
The value of the assets must be established in accordance with the rules applicable to the proceedings. A specific valuation rule exists in commercial establishments.
Spanish Criminal Procedure Act · art. 365
Consult this service ↗See FAQ ↗Can a robbery generate compensation even if the object is recovered?
Yes, if there are any accredited damages or other damages. Restitution and compensation are related but different concepts.
Consult this service ↗See FAQ ↗Does the owner's forgiveness always end the cause?
No. Stealing and theft are not generally extinguished by private forgiveness. Reparation can be assessed without automatically eliminating the offence.
Spanish Criminal Code · art. 130
Consult this service ↗See FAQ ↗Related case law
Spanish Constitutional Court
STC 63/2015: Reasons for the statute of limitations
Violation of the right to effective judicial protection in relation to the rights to personal liberty and criminal legality: judicial decisions that do not satisfy the canon...
Read moreTheft, robbery and burglary in Spain: why the distinction matters
Read transcript
You are accused of taking an item. Does it matter whether the allegation is theft, robbery or burglary? In Spain, the distinction affects what must be proved and the possible consequences.
Start with the summons and the specific conduct alleged. Identification, the value of the goods and any alleged force, violence or intimidation all matter. An everyday label does not replace the legal classification.
Keep receipts, communications and documents explaining your connection with the item. If images are involved, their content and context need examination. Returning the property or making reparation may be relevant, but does not automatically erase the conduct or guarantee that proceedings will be closed.
At penal.info, we review the allegation and available evidence. Bring complete documents and explain what you know without filling gaps with assumptions. Preparing a defence begins with understanding the precise allegation.
Book an appointment with María Morales at penal.info.