Articles 237 and 242 Spanish Criminal Code: Robbery (2026)
In this article
Key Takeaways
- Robbery = force on things or violence
- Robbery in an inhabited dwelling: 2 to 5 years
- With violence and weapons: up to 5 years
- Mitigation if the violence is of lesser intensity
Articles 237 onward of the Spanish Criminal Code punish robbery, distinguished from theft by the use of force on things to access the property or violence or intimidation against persons. Robbery with force on things carries 1 to 3 years in prison, rising to 2 to 5 years if committed in an inhabited dwelling or premises open to the public; robbery with violence or intimidation carries 2 to 5 years, rising to 3 years and 6 months to 5 years where committed in a dwelling or with weapons. Where the violence or intimidation used was of lesser intensity, the court may lower the penalty by one degree, and correctly classifying the conduct as theft rather than robbery is often the central point of the defence.
Need help with your case? Talk to a criminal defense lawyer at Alonso Sala.
Articles 237 and following of the Spanish Criminal Code govern the offence of robbery. Unlike theft, robbery is characterised by the use of force on things or violence or intimidation against persons. As robbery defence lawyers, we explain its regime.
What Article 237 Says
Robbery is committed by anyone who, with intent to profit, takes another's movable property using force on things to enter or leave the place where it is kept, or violence or intimidation against persons, whether when committing the offence, to secure escape or against those coming to the victim's aid.
Robbery With Force on Things (Arts. 238 to 241)
- Art. 240 — Robbery with force: prison of 1 to 3 years.
- Art. 241 — Robbery in an inhabited dwelling or premises open to the public: prison of 2 to 5 years.
Robbery With Violence or Intimidation (Art. 242)
- Basic type: prison of 2 to 5 years.
- In an inhabited dwelling or with the use of weapons: prison of 3 years and 6 months to 5 years.
- Mitigated: where the violence or intimidation is of lesser intensity, the court may lower the penalty by one degree.
The "snatch" and phone robbery
Classifying a bag-snatch depends on whether there was genuine violence on the person or only skill. That line — robbery with violence versus theft — can mean years of difference in the penalty.
Defence Strategies
- Reclassifying as theft: if there was no typical force or violence on the person.
- Mitigation under Art. 242.4: proving the lesser intensity of the violence.
- Disputing the degree of execution: attempt rather than a completed offence.
- Evidence: doubtful identification, no footage, no direct witnesses.
- Mitigating factors: addiction, compensation, confession.
Charged with robbery?
Classification is everything: the difference between theft and robbery, or basic and aggravated robbery, sets the penalty.
📞 Call us: +34 91 078 65 74
⚖️ Need a criminal defence lawyer?
Specialist defence in robbery with force, robbery with violence and robbery in an inhabited dwelling.
Frequently asked questions
What is the difference between robbery and theft?
Robbery requires force on things (breaking in, forcing locks, false keys) or violence or intimidation against persons. Theft is the taking of another's movable property with no force and no violence. That line can mean years of difference in the penalty.
What penalty applies to robbery with violence or intimidation under Article 242 CP?
The basic type carries 2 to 5 years in prison. If committed in an inhabited dwelling or with the use of weapons or other dangerous means, the penalty is 3 years and 6 months to 5 years. If the violence or intimidation is of lesser intensity, the court may lower the penalty by one degree.
What counts as force on things?
Article 238 CP treats as force on things breaking in, breaking through a wall, roof or door, forcing cupboards, using false keys, or disabling alarm systems. Robbery with force on things carries 1 to 3 years in prison (Art. 240).
What penalty applies to robbery in an inhabited dwelling?
Robbery with force in an inhabited dwelling carries 2 to 5 years in prison (Art. 241 CP). If violence or intimidation is also present, the penalty rises to 3 years and 6 months to 5 years (Art. 242.2 CP).
Do you need criminal defense in this area?
We are criminal defense lawyers specializing in general criminal defense. We act urgently to protect your rights.