Theft is understood as any act in which a person takes something that belongs to another without their consent. This discards the consent of the owner of the place located there.
Theft has been conceptualized as the base number for property crimes especially the number for physical confiscation. It is because of that Here we are going to tell you everything you need to know about theft in the criminal law.
So we recommend that you stay until the end and Learn everything about this interesting topic in criminal law.
Specific characteristics of theft
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- Seizure behavior
- Illegal seizure
- About the property
- Other properties of things
- value of things
To seize means to assume responsibility, that is, manage to somehow remove a mobile object from the legal domain of its owner. This for which the author necessarily removes it from the authority of another and transfers it by his power or dominion.
The act of theft must be characterized negatively to be distinguished from the crime of theft. That is, it must be done without force, above all, and without violence or intimidation, for the man.
In this way it is not enough to take the thing but it also requires the intention to appropriate and take it personally. Which implies full intention, awareness and determination and the ability to carry out the act of appropriation.
Consequently, theft is a crime since it requires the movement of property and entails the physical separation of the property and the legal sphere of the owner. As well as its incorporation into the rights inheritance legal representative or active subject of the crime.
Are there other forms of theft in criminal law?
- Illegal occupation
Includes the heist of movable property without the consent of the owner, that is, the arbitrary seizure of other people's property. This with a crime and clear intention of movable property within the law of theft of the active subject allowing him to have the power to really eliminate it.
It is the direct place where the crime occurs, in principle what can be carried or transported applies to criminal law. Physical or material objects that must have a value or personal appreciation or over which there is a right are at risk of theft.
The subject of the crime is the personal property of another person. It should be remembered that real property that requires appropriation is personal property. in accordance with articles 531 and following of the Civil Code.
This means that a movable property is a mental object that can be physical, for example a table, or immaterial, for example electrical energy or a computer program.
What else should you know about theft?
It is also important to note that in criminal law the meaning of theft is broader, it can not only include furniture due to its representativeness and in some cases basic furniture. In this regard, Carrara explains that "the act can involve things that are the property of the owner but that move as a result of the actions of the wrongdoer."
According to criminal law, "portable" is not a risk to anyone in addition to being positive because the thing belongs to someone who must somehow prove ownership in an abandoned state. The object must be “foreign in whole or in part” which represents the second case when there is common ownership of the same or more than one person holds the title.
It is important to remember that "res nullius" is something that has no owner like a wild animal and "res derelictae" is something that has been abandoned by the owner and does not have the courage to recover them. In any case, anyone who successfully obtains and proves this condition is not guilty of theft.
Without embargo, Things that are lost or "wasted" or forgotten are not things that are given up because their owners still expect them to be recovered. and therefore they do not appropriate them. Abandoned by its owner or if it has been lost, it will be considered lost as long as it has material value.
The value of an object represents a certain use and economic exchange value of a stolen object that is established at a certain time. In this process it is necessary for an expert to grant a reasonable price for the value of the stolen item in the type of penalty provided for in article 51 of the Penal Code.
There is only a minimum limit, which is one financial unit, which functions as a penalty reduction factor. The fair price is necessary to determine the proportional value of the personal property and to determine the nature and extent of the damage. caused in crimes against property it is necessary to determine circumstances aggravating factors or mitigating.