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Alonso Sala
CRIMINAL LAWYERS
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Legal Analysis

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

calendar_todayMay 14, 2026

Last updated:

lightbulbKey Takeaways

  • check_circle400 euros = fine/prison line
  • check_circleMulti-recidivism Organic Law 1/2026
  • check_circleIntent to profit required
  • check_circleBeware the automatic guilty plea

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.

⚠️ A critical change

A theft of 30 euros in a supermarket, previously resolved with a fine, may today carry up to 18 months of actual imprisonment if the offender has 3 prior convictions for similar acts.

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.

Charged with an offence of theft?

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Frequently asked questions

What does article 234 of the Criminal Code say?expand_more

It punishes theft: taking another's movable property without the owner's consent and with intent to profit, without using force on things or violence or intimidation. The penalty depends on the amount: imprisonment of 6 to 18 months if it exceeds 400 euros, and a fine if it does not.

What is the difference between article 234 and article 235 CP?expand_more

Article 234 is basic theft; article 235 covers aggravated theft (imprisonment of 1 to 3 years) regardless of the value, for example when it involves goods of historical or artistic value or essential goods, or when qualified multi-recidivism applies.

When does theft stop being a minor offence?expand_more

When the amount exceeds 400 euros, or when the multi-recidivism rule introduced by Organic Law 1/2026 applies (three prior final convictions for offences under the same title), which raises minor theft to an offence punishable with imprisonment even if the value stolen is small.

How is a theft charge defended?expand_more

By disputing the intent to profit, challenging the amount (often inflated), reviewing the criminal record against multi-recidivism, repairing the harm to seek dismissal for minimal criminal intervention, and attacking the evidence (video, witnesses, chain of custody).

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