I've Been Robbed in Spain: What Do I Do? Step-by-Step Legal Guide (2026)

If you have been robbed — your phone in the street, your home lock broken, or your car broken into — the sense of vulnerability is immediate. But acting quickly and correctly can make the difference between recovering what was stolen and getting nothing. As criminal lawyers specialising in property offences, we explain what to do step by step.

1. The First Hours: Immediate Action

If you were robbed with violence (mugging, bag-snatch): call 112 immediately and describe the attacker; if you have injuries, go to A&E and request the medical report (key evidence); do not chase the robber.

If your home was burgled: do not touch anything — preserve the scene for the forensic police; photograph the damage before the locksmith arrives; check for your own or neighbours' security cameras.

If your phone was stolen: block the banking apps immediately; activate "Find My Device"; block the SIM; note down the IMEI.

2. The Report: How and Where

The report is essential. Without it, the insurer covers nothing, the police do not investigate, and if the robber is found they cannot be convicted for your case.

What to include in the report: a detailed description of what was stolen (brand, model, value), the phone's IMEI, serial numbers, the exact time and place, a description of the offender and any witnesses.

3. Insurance: How to Claim

If you have home or device insurance, report the incident within the first 72 hours (the usual policy deadline), provide the copy of the police report and the invoices for the stolen goods. If the insurer does not pay or pays less, you can claim through the courts.

4. Private Prosecution: Pursuing the Robber

If the police identify the offender, the public prosecutor will conduct the public prosecution. But you can join the proceedings as a private prosecutor to ensure the highest possible penalty is sought, claim compensation for material and moral harm, and control the procedure.

5. What Penalty Does the Robber Face?

• Minor theft (under 400 euros): a fine of 1-3 months. BUT with 3+ prior final convictions of the same nature: prison of 6-18 months (Organic Law 1/2026).
• Basic theft (over 400 euros): prison of 6 to 18 months.
• Robbery with force: prison of 1 to 3 years.
• Robbery with violence: prison of 2 to 5 years.
• Robbery in an inhabited dwelling: prison of 2 to 5 years.
• Aggravated theft of a phone (Art. 235 CP, Organic Law 1/2026): prison of 1 to 3 years, whatever the value of the device.

New in 2026: The Repeat-Offending Law

Organic Law 1/2026, of 8 April, in force since 10 April 2026, strengthens the criminal response to habitual property offenders — particularly relevant for victims:

• Repeat minor theft (Art. 234.2 CP): even where the value stolen does not exceed 400 euros, an offender with at least three prior final convictions for offences of the same nature (at least one of them for a minor offence) faces 6 to 18 months in prison, not a fine. Expunged records do not count.
• Theft of mobile phones (Art. 235.1.10 CP): stealing mobile phones or other devices capable of containing personal data is punished with 1 to 3 years in prison, whatever the value of the handset (items on display for sale in shops are excluded). Where two or more aggravating circumstances of Art. 235 apply, the penalty is imposed in its upper half.
• Stronger precautionary measures and municipal prosecution: the reform makes it easier to adopt precautionary measures against repeat offenders and gives local councils standing to bring criminal proceedings in theft cases.

In practice, if your phone was stolen by stealth or snatched without violence, the offence is no longer a simple theft graded by value: it is an aggravated theft. Joining the proceedings as a private prosecutor allows these new provisions to be invoked from the outset.

Frequently Asked Questions

Can I shoot a robber who enters my home? Self-defence exists, but it is very limited: the response must be proportionate to the attack. Shooting an unarmed person robbing your home may be homicide.

If my phone is stolen, will the bank refund fraudulent operations? If the robber makes purchases with your phone, the bank must refund the money if it did not implement sufficient authentication (PSD2).