Understanding Theft and Robbery Laws: Penalties and Aggravating Factors

Theft (Art. 234)

Theft involves taking movable property without the owner's consent, with the intent of unlawful gain. The legal benefit protected is the owner's right to possess and enjoy their property.

Penalty: 6 months to 1 year and 18 months imprisonment if the value of the stolen property exceeds 300.

Elements of Theft:

• Ajenity: The property must belong to another person.
• Seizure of Movable Property: This applies to property that can be moved. If there is more than one owner, it may be considered misappropriation.
• Without Owner's Consent: The act must be done without the owner's will.
• Prior Consent: Consent must be valid and given prior to the act, or effective only after the liability is established.
• Intent of Gain (Lucro): This refers to the expected use or benefit derived from the action. It implies any advantage or usefulness of any kind.

The value of the stolen item is considered from the moment of withdrawal, regardless of the benefit obtained by the perpetrator. Theft is consummated when the perpetrator can freely dispose of the stolen property. An attempt occurs when the subject fails to seize the object. If multiple individuals are involved and share the stolen goods, the crime is accomplished when any one of them can possess their share.

Aggravated Theft (Art. 235)

In certain cases, the penalty for theft increases to 1 to 3 years imprisonment:

1. When the stolen items have cultural, historical, artistic, or scientific value.
2. When the items are essential for a public service.
3. When there are special damages of considerable significance.
4. When the perpetrator puts the victim or their family in a dire economic situation or has abused the victim's personal circumstances (e.g., alcohol, mental problems).

Robbery (Art. 237)

Robbery is the crime of taking movable property by using force to access the location where the property is kept. The legal benefit protected is the owner's right to movable property.

Penalty: 1 to 3 years imprisonment.

Concept of Force in Things (Art. 238)

The following actions constitute robbery by force:

1. Escalamento: Climbing over walls or fences.
2. Rompimiento: Breaking of ceilings, walls, floors, windows.
3. Fracture: Breaking of doors, wardrobes, chests, or other sealed objects.
4. Use of False Keys.
5. Disabling of Security Systems or alarms.

Aggravated Robbery (Art. 241)

If any of the circumstances in Article 235 apply, or if the robbery is committed in an inhabited house, building, or place open to the public (or its dependencies), the penalty increases.

Penalty: 1 to 5 years imprisonment.

Robbery with Violence or Intimidation (Art. 237, 242.1)

This crime involves taking movable property using violence or intimidation against people.

Penalty: 2 to 5 years imprisonment, without prejudice to penalties for physical violence inflicted.

Use of Weapons or Dangerous Means (Art. 242.2)

When the offender uses weapons or other dangerous means during the commission of the crime, the penalty is increased.

Penalty: 2 to 5 years imprisonment, in the upper half. Jurisprudence equates the mere carrying of weapons to their use.