What’s the difference between theft and theft?

Theft and Robbery

Robbery and theft are defined in the Penal Code as crimes against property, with theft being characterized as the act of “subtracting, for oneself or for others, movable property”, subject to a penalty of one to four years of imprisonment and a fine (art. 155). Theft, on the other hand, is defined as the act of “subtracting, for oneself or for another, someone else’s movable property by means of a serious threat or violence to the person, or after having, by any means, reduced him to the impossibility of resistance”, being the penalty for this case imprisonment of four to ten years and a fine (art. 157). In a simplified way, it can be understood that theft does not involve violence against the victim, while theft assumes that the person was threatened or assaulted in some way to deliver the stolen object.

Theft: increase and decrease of penalty

In cases of theft, the penalty increases by one third if the crime is committed “during night rest”. If the defendant is a first-time offender, and what was stolen is not of much value, the judge can substitute imprisonment for detention, reduce it by one to two thirds, or apply only the fine. There is also an alternative penalty in this case. Another detail: as a mobile thing, it is worth electricity or similar that has economic value.

qualifiers

Theft can be qualified, that is, considered more serious when practiced in addition to certain circumstances: a) destruction or disruption of an obstacle to the subtraction of the thing (for example, breaking into a door); b) breach of trust, or through fraud, escalation or dexterity; c) use of a false key; d) through competition of two or more persons. In such cases, the penalty is from two to eight years in prison.

There are also other qualifying circumstances: a) if an explosive or similar device is used that causes common danger (penalty of four to ten years of imprisonment and a fine); b) if the theft is of a motor vehicle that, after being stolen, is taken to another state or country (three to eight years of imprisonment); c) subtraction of domesticable production animals (animals), even if slaughtered or divided into parts at the subtraction site (two to five years imprisonment); d) subtraction of explosive substances or accessories that, jointly or separately, enable their manufacture, assembly or use (imprisonment of four to ten years and fine).

Theft: penalty increases

In the case of theft, anyone who, immediately after robbing the victim, uses violence against the victim or threatens not to be denounced is also penalized with four to ten years in prison. The penalty also increases by one-third to one-half if: a) there is concurrence of two or more people; b) the victim is on a cash transport service and the agent is aware of this circumstance; c) the subtraction is of a motor vehicle that will be transported to another state or abroad; d) the agent keeps the victim in his power, restricting his freedom; e) if the subtraction is of explosive substances or accessories that, jointly or separately, enable their manufacture, assembly or use. The penalty will be increased by two thirds if: a) the violence or threat is carried out with the use of a firearm; b) there is destruction or disruption of an obstacle through the use of an explosive or similar device that causes common danger. When the aggression in the case of theft results in serious bodily harm, the penalty provided is even greater (from 7 to 18 years and a fine); if the aggression causes death, the penalty is imprisonment from 20 to 30 years and a fine, speaking then of the crime of comon law robbery.

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