The following will be considered fake keys:
1. Lock picks or other similar instruments.
2. Legitimate keys lost by the owner or obtained by a means that constitutes a criminal offense.
Are you looking for a lawyer specialized in Criminal Law?
we help you find a criminal lawyer.
We have a wide network of collaborating lawyers in all Spain.
3. Any other than those intended by the owner to open the lock violated by the convict.
For the purposes of this article, keys are considered to be cards, magnetic or punched, remote opening controls or instruments and any other technological instrument of similar effectiveness.
art 239 cp
Article 239 refers to use of fake keys as a means of exerting force in the mode of heist hard In the things.
He Penal Code, after the 2015 reform, considers all the elements mentioned in this provision to be false keys. It is interesting to note that, starting in the 90s, there appeared the need to contemplate the magnetic cards as fake keys, since they were used to extract money from third parties.
Given this, the courts had to study what infraction to punish. In some of the sentences of the supreme court, it was ruled that these cases fit into the crimes of unjust seizure, but the truth is that the most appropriate thing is to conduct the case through this other route in which article 239 of the Penal Code intervenes.
Also new, the contemplation of non-material means of closure, due to technological advances. Thus, guard systems, such as sound or audiovisual alarms, are also considered keys.
Article 239 of the Penal Code is part of the title dedicated to crimes against property and against the socioeconomic order: