Article 241 Spanish Criminal Code: Robbery in an inhabited house or premises open to the public

Article 241 punishes robbery committed in an inhabited house, in a building or premises open to the public or in their outbuildings, and it defines both concepts. The frame rises where the acts are of special seriousness or where a circumstance of Article 235 is present.

Wording of Article 241 of the Spanish Criminal Code

Elements of the offence

1. A robbery with force in things under Article 238, or with violence or intimidation, since the provision aggravates the basic conduct.
2. That the place be an inhabited house, a building or premises open to the public, or one of their outbuildings as defined in paragraph 3.
3. In the case of the second subparagraph of paragraph 1, that the establishment be open to the public and that the acts occur outside opening hours.
4. In the case of paragraph 4, special seriousness by reason of the manner of commission or of the loss caused, or the presence of a circumstance of Article 235.

Defence strategy

Whether the dwelling was inhabited. Paragraph 2 requires the place to constitute the abode of one or more persons. Dwellings which are uninhabited, empty for long periods, under construction or in a state of abandonment fall outside the aggravation, and the report of the police inspection is the material upon which the point is contested.

The concept of an outbuilding. Paragraph 3 requires internal communication with the building and a physical unit with it. A garage with independent access from the street, or an enclosure which is merely adjacent, does not satisfy the definition, which excludes the aggravated frame.

Special seriousness of paragraph 4. The aggravation requires an assessment of the manner of commission or of the loss caused. A generic reference to the value of the property taken, without a reasoned assessment of that seriousness, is a defect of motivation which affects the frame applied.

Prohibition of double assessment. Where the circumstance of Article 235 relied upon has already been weighed in the description of the conduct or in the assessment of the special seriousness, its double application is precluded by Article 67. Identifying that overlap may reduce the penalty by a full degree.

• Article 238 CP: robbery with force in things
• Article 242 CP: robbery with violence or intimidation
• Article 235 CP: aggravated theft
• Robbery and theft defence in Alicante

This entry is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the individual case and requires examination of the case file by a qualified lawyer.