Blog category
Theft, Robbery & Property
28 articles on theft, robbery & property: penalties, case law and defence strategy. See the practice area →
Article 236 of the Criminal Code: Taking Back Your Own Property
Driving your car out of the garage without paying for the repair, removing leased machinery or retrieving an attached asset from deposit can be an offence even though the item is yours. Article 236 CP protects lawful possession against the owner, with a fine of three to twelve months. We go through its elements, its penalties and how it is told apart from theft and from Article 455 CP.
Article 244 of the Criminal Code: Taking and Using Another Person's Vehicle
Taking a car or a motorcycle to use it and then return it is not ordinary theft: Article 244 CP creates a provision of its own built around a forty-eight-hour window for giving the vehicle back. That window decides whether the act carries community service or a fine, or is tried straight away as theft or robbery.
Article 246 of the Spanish Criminal Code: altering boundaries and markers
Moving a boundary stone, shifting a fence or ploughing beyond the line can be a criminal offence in Spain. Article 246 CP punishes altering boundaries, markers and landmarks with a fine, and turns the whole case on one figure: the benefit obtained and the 400 euro threshold.
Article 265 of the Spanish Criminal Code: damage to Armed Forces and police property
Damaging a police vehicle, a military installation or any other asset assigned to the service of the Spanish Armed Forces or the State security forces has its own provision in the Criminal Code. Article 265 CP carries 2 to 4 years in prison, but only where the damage exceeds 1,000 euros; below that figure the case falls back to ordinary criminal damage.
Electricity Theft and Utility Fraud: the Offence Under Arts. 255-256 CP
Illegally tapping into the power supply, tampering with the meter or using someone else's telecommunications equipment without consent are offences under Arts. 255 and 256 CP. We analyse the conduct, the penalties by amount, and the defence strategies.
Family Exemption from Criminal Liability (Art. 268 CP): When It Applies
Art. 268 CP exempts non-violent property offences between spouses and close relatives from punishment: who is covered, which offences fall within it, its limits (vulnerability, separation), and what remains: civil liability.
Handling Stolen Scrap Metal (Art. 298 CP): Copper and Stolen Metal
Art. 298 CP: why buying copper or metal of unlawful origin at a scrapyard can be aggravated handling stolen goods, what penalty it carries, and how the business owner is defended.
Handling Stolen Electronics (Art. 298 CP): Laptops, Consoles and Components
Art. 298 CP: when buying or reselling electronic devices of unlawful origin (laptops, tablets, consoles, components) is handling stolen goods, what penalty it carries, and how good faith is proven.
Caught Shoplifting: How the Fast-Track Trial Works
You have been caught shoplifting: what happens, when it is an offence or minor theft (art. 234 CP), how the fast-track trial works, and the plea agreement under art. 801 LECrim.
Criminal Damage in Spain (Article 263 CP): Fines, Aggravated Types and Defence (2026)
Criminal damage under Article 263 of the Spanish CP: a fine of 6 to 24 months based on the amount, a minor offence below 400 euros, the aggravated types of 263.2, and damage by fire or explosives (266).
Jewellery Fencing and Stolen Gold: the Art. 298 CP Offence in Cash-for-Gold
Article 298 CP punishes acquiring or concealing jewellery of unlawful origin for profit, knowing the prior offence. Penalties, aggravation and good-faith defence.
Receiving Stolen Vehicles in Spain (Art. 298 CP): Offence, Penalties and Defence
Article 298 CP punishes acquiring or holding a vehicle knowing it comes from theft or robbery. Elements, penalties, concurrence with document forgery and defence.
Buying a stolen phone in Spain: what Article 298 of the Criminal Code says about receiving stolen goods and how it is defended
Buying a stolen phone can be receiving stolen goods under Art. 298 CP. The penalties, how knowledge of the illicit origin is proved, and when good faith applies.
Usurpation in Spain (arts. 245-247 CP): violent occupation, boundaries and water
Usurpation under arts. 245 to 247 of the Criminal Code (CP) covers violent occupation of real property, usurpation of real rights, the moving of boundary markers and the diversion of water.
Article 235 CP: Aggravated Theft 2026 · Penalties of 1 to 3 Years
A detailed analysis of Art. 235 CP on the offence of aggravated theft, prison penalties and criminal defence strategies.
Theft vs Robbery in Spain: Penalties and Legal Differences (Comparison)
Theft and robbery have fundamental legal differences. The distinction can mean the difference between a fine and 5 years in prison.
Article 253 Spanish Criminal Code: Misappropriation (2026)
Article 253 of the Spanish Criminal Code: what misappropriation is, the title that creates a duty to return, how it differs from theft and fraud, and the…
Article 263 Spanish Criminal Code: The Offence of Criminal Damage (2026)
Article 263 of the Spanish Criminal Code: what the offence of criminal damage is, the minor-offence threshold of 400 euros, the aggravated types of 263.2…
Articles 237 and 242 Spanish Criminal Code: Robbery (2026)
Articles 237 and 242 of the Spanish Criminal Code: what robbery is, the difference between force on things and violence or intimidation, robbery in an…
Article 234 Criminal Code: Basic Theft · Fine or 6-18 Months (2026)
Art. 234 of the Spanish Criminal Code (basic theft): a fine if the amount is below 400 euros, prison of 6-18 months if it exceeds that threshold or the…
I've Been Robbed in Spain: What Do I Do? Step-by-Step Legal Guide (2026)
Robbed of your phone, at home or in your car? We explain step by step what to do: report, insurance, lawyer, trial.
Shoplifting in Spain: Will I Get a Criminal Record? (2026)
Caught shoplifting in a Spanish supermarket? We explain whether you will get a criminal record, the penalties for minor theft, speedy trials and the new…
Squatting in Spain: Property Owner Rights and Criminal Defence (2026)
Has your property been squatted, or are you accused of squatting? We explain Art. 245 CP, fast-track eviction, the owner's rights and criminal defence…
Receiving Stolen Goods: Legal Guide 2026 · Types, Penalties and Defence
Is it an offence to buy a phone with no receipt? What happens if I suspect it is stolen? We analyse the offence of receiving stolen goods, the penalties…
Robbery in an Inhabited House: Defence Against a Serious Charge
Robbery in an inhabited dwelling carries penalties of up to 5 years in prison. We explain what is considered a 'dwelling' and how to defend if the house was…
Robbery with Force vs. Robbery with Violence: Differences and Penalties
The difference is crucial: one carries penalties of 1 to 3 years, the other 2 to 5. We explain the legal distinction between forcing a lock and threatening…
Scaling: When Does Climbing a Fence Become Robbery with Force?
We analyse Supreme Court case law on the concept of scaling. Climbing facades, entering through balconies or open windows: the fine line between theft and…
Robbery with Force vs Robbery with Violence: Differences and Penalties
Is breaking a window violence? When is somewhere considered an 'inhabited dwelling'? We break down the keys that separate a minor prison sentence from a…
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