He heist Burglary is a crime against property and includes the fraudulent practice of taking another person's possessions, using force, violence, or threats against another person, to get what they want.
What is called robbery and how is it different from theft?
The theft It is the excessive appropriation of goods or merchandise belonging to a third party. This is considered a real estate crime, because its occurrence affects the assets, which are legal property.
He heist It can only be determined on the basis of the means used for the convenience of another person. He heist It only happens when accused uses force or threatens the party involved in committing it.
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This is basically what makes the difference between theft and theft.
Legal basis of theft
To determine and consider the crime of heist of property, the objective and subjective aspects of the crime must be taken into account.
For stolen items, they must be furniture of economic value and committed by another person. It was also decided that only moving objects could be stolen, as they had the ability to move.
He heist occurs when someone confiscates another person's belongings through threat or force.
This will be the action and the consequence of the punishable conduct is the seizure of a foreign object. All of these factors determine the type of flight you will take.
The subjective type of theft is determined by the presence of a self-interested motive for which the defendant commits the crime to obtain another goal.
That is, the intention to assign the property of others for obvious personal benefit.
You must also identify the fraud, that is, knowing that what was stolen has an owner and that it is being taken without consent. By including all of these features, the action of the journey is created.
He heist or robbery It is typified in articles 237 to 242 of the Penal Code Spanish.
Who is guilty of theft?
The perpetrators of the crime of heist with breaking and entering They are natural persons who take possession of other people's property by force or through threats.
Without embargo, there are other criminals who can also be charged with heist while committing the crime.
Those who leave the place of heist to obtain the confiscation of another's property.
Those who do it to protect the act of escaping from heist, or those who use violence against those who try to help the victim, have the same blame. This is established by the article 237 of the Penal Code Spanish.
Who commits heist is the one who takes possession of another's furniture for profit, or uses force to enter or leave the home.
Like, use force, or threaten others with committing a crime, or to protect the escape victim or those pursuing him.
In this sense, we must remember that in any criminal act there is a set of characters or forms of participation: direct perpetrator, partner, co-author, criminal, necessary operator, among others.
The law is also more specific regarding the acts for which a person will be charged with heist.
According to article 238 of the Penal Code, actions aimed at violating the right of access to commit heist They are considered part of the act of theft.
This, for example, involves using stolen keys to influence the confiscation of something. In this case, it would also be robbery, not theft.
The crime of property theft is committed by a person who commits acts in any of the following cases:
1. Climbing for the first time.
2. Break walls, ceilings or floors, or break doors or windows.
3. Breaking cabinets, trunks or other furniture or things that are closed or locked or forcing open locks or keys to steal things inside the house, on the premises. heist or outside the building.
4. Use fake keys.
5. Do not use certain alarm or security systems.
Reduce penalties for theft
The law also provides for a reduced prison sentence for some heists. This is taken into account when violence or the threat of incitement during the commission of a crime is considered restrictive.
Therefore, the imposition of a lower penalty than what would be expected under normal circumstances is justified.
If he use of threats or violence is low, the sentence can be reduced from two years to one year.