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   CRIMES AGAINST PROPERTY - A SUMMARY OF SPANISH LAW

 

 

 

'Robo' and 'Hurto' - Burglary and Theft

 

SOONER OR LATER, most of us will suffer a burglary or theft of some kind, whether at your home or business and this week I write from recent personal experience. How does the law in Spain treat theft under different circumstances and how will you be expected to deal with the authorities and your insurance company?


The Spanish Penal Code of 1995 distinguishes between the crimes of 'Robo' (Robbery) and simple 'Hurto' (Theft).
Article 237 of the Penal Code defines 'Robo' as the appropriation of the property of another person using force, violence, or intimidation to gain entry to the place where the property is to be found. Articles 238 and 239 indicate the factors which characterize 'Robo'. These are


* Climbing over walls or other barriers
* Breaking walls, ceilings, floors, doors or windows to gain entry
* Forcing open cupboards, chests, or the locks of other secured objects with a view to stealing the contents
* Using counterfeit keys, including picks, fake magnetic cards or electronic keys, or genuine keys which have been lost or stolen
* Disabling alarm or security systems 


Your caravan or motor-home, trailer, or even a tent, which is for your private use even temporarily, say while on holiday, is considered to be a private space which can be broken into.


'Robo' is punishable by a prison sentence of between 1 and 3 years, and if aggravated by the use of violence or intimidation, by a sentence of 2 to 5 years. 


'Hurto' as distinct from 'Robo', is the simple theft of property belonging to another person without any of the aforementioned factors (Articles 234 - 236 of the Penal Code). If the value of the property stolen is greater than é400, the penalty for the crime of 'Hurto' is between 6 and 18 months. If the value of the property is less than 400, the offence is classed as 'misdemeanour' rather than 'crime' and the penalty is much lower.


In a nutshell, if a burglar steals your property by forcing a door or climbing over your garden wall it is 'Robo'; if the miscreant walks into your house through a door you have left open by mistake it is 'Hurto'.


If you are the victim of 'Robo' or 'Hurto' you should always report it by making a 'Denuncia' to the Local Police, National Police, or Guardia Civil depending on where you live. You will be given a stamped copy of the report. In the immediate aftermath of a robbery, it can be difficult to recall or even discover all the items that have been taken but you do have the right to make a supplementary 'Denuncia' at a later date.


Do not forget to contact your bank and credit card company immediately to stop any cards or cheque books that have been stolen and to inform your consulate or embassy if your passport or other identity documents have been stolen. If pass-cards to your place of work have been taken you must also inform your employer immediately. 


If identity documents have been stolen, your 'Denuncia' should specifically mention these items and you will have to provide a crime reference number and possibly also an official copy of the 'Denuncia' to obtain replacements.


If your keys have been stolen, change your locks; your insurance policy may well cover the cost.


If you have suffered a robbery, the Police or Guardia Civil will visit you very soon after and take photographs of the point of entry and any damage done, also possibly take fingerprints and other evidence. In the event that they catch the perpetrators you may be required to go to Court to give evidence against them. 


Insurance policies usually distinguish between cover for 'Robo' and 'Hurto'. They often provide much lower cover, or possibly none at all, for 'Hurto'. If you intend making a claim on your insurance, your 'Denuncia' must list all the items that have been stolen in as much detail as possible, down to makes, models, and if possible serial numbers. Keep photographs of antiques, paintings, or items of especially high value. Be ready to produce receipts for the original purchase of valuable items.
Please check your insurance policy to make sure that you are not under-insured or to see whether especially valuable items, such as watches, jewellery or expensive electronic equipment worth over a certain limit must be specifically listed in the policy. The limit for cash under most household or small business policies is normally quite low. 


Of course nothing can compensate for the shock and inconvenience of suffering a robbery or theft but being properly prepared and insured can cushion the blow should the worst happen.

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