Article 234 Criminal Code: Basic Theft · Fine or 6-18 Months (2026)

Article 234 of the Spanish Criminal Code governs the basic type of the offence of theft, which consists of taking another's movable property without the owner's consent and with intent to profit, without using force on things or violence or intimidation against persons. Where force or violence appears, it is no longer theft but robbery. As criminal defence lawyers, we analyse the key points of Art. 234 after the reform of Organic Law 1/2026.

What Article 234 Says

The provision distinguishes two forms according to the amount and the criminal record:

• Art. 234.1 — Basic theft (amount above 400 euros): prison of 6 to 18 months.
• Art. 234.2 — Minor theft (amount of 400 euros or less): a fine of 1 to 3 months as a general rule.
• Exception for multi-recidivism (Organic Law 1/2026): if the offender has three or more prior convictions for offences of the same nature (at least one for a minor offence), minor theft is raised to a less serious offence with prison of 6 to 18 months.

Elements of the Offence

1. Taking: the offender takes possession of the item (merely touching it or moving it momentarily within the premises is not enough).
2. Another's movable property: goods that can be moved and do not belong to the offender.
3. Without the owner's consent: absence of consent of the owner or lawful possessor.
4. Intent to profit: the intention to obtain an economic advantage (not necessarily keeping the item: selling, giving away or destroying it is enough).

The 400-Euro Threshold: the Line Between Fine and Prison

The value of the stolen item marks the line between the basic offence (with prison) and the minor offence (with a fine). The amount is calculated on the retail price at the time of the act, not the replacement cost. A theft of exactly 400 euros is a minor offence. In continued thefts, the amounts are added together.

Multi-Recidivism After Organic Law 1/2026

Since 10 April 2026, Organic Law 1/2026 has introduced a critical exception to Art. 234: minor theft ceases to be a minor offence when the offender accumulates three prior final convictions for offences of the same title (theft, robbery, fraud, misappropriation, receiving) and at least one is for a minor offence.

Difference From Aggravated Theft (Art. 235)

Article 235 sets out the cases in which theft is raised to aggravated theft (prison of 1 to 3 years) regardless of the value: essential goods, items of historical or cultural value, special gravity by value, exploitation of the victim's vulnerability, qualified recidivism, theft of mobile phones and theft on agricultural or livestock holdings (Organic Law 1/2026).

Defence Strategies

1. Absence of intent to profit: if the offender took the item by mistake or out of dire need, there is no offence.
2. Challenging the amount: requesting the invoice or an expert valuation to confirm the real price.
3. Review of the criminal record: if the prior convictions are cancelled or not of the same nature, multi-recidivism does not apply.
4. Repair of the harm: returning the item opens the route to dismissal for minimal criminal intervention in minor offences.
5. Mitigating factor of addiction: in repeat profiles with addiction, the mitigating factor of Art. 21.2 can reduce the penalty.