Article 244 Spanish Criminal Code: Taking a motor vehicle for use

Article 244 punishes the taking or use of a motor vehicle or moped belonging to another without due authorisation and without intent to appropriate it, with a substantially reduced penalty where it is returned within forty eight hours.

Wording of Article 244 of the Spanish Criminal Code

Elements of the offence

1. The taking or use of a motor vehicle or moped belonging to another.
2. The absence of due authorisation of the owner or holder.
3. The absence of intent to appropriate, which is what distinguishes the offence from theft and robbery.
4. The return of the vehicle, directly or indirectly, within a period not exceeding forty eight hours, which is the condition of the reduced frame.

Defence strategy

Absence of intent to appropriate. The whole provision rests upon the absence of intent to appropriate. Abandoning the vehicle in a visible place, the short duration of the use and the absence of any attempt to sell it or to alter its identifying features are the elements which sustain the classification under this article rather than as theft.

Calculation of the forty eight hours. The period runs from the taking, and an indirect return is sufficient. Where the vehicle was recovered within that period, even by the police, the case law admits the reduced frame, which is habitually overlooked in the indictment.

Authorisation and its scope. A prior authorisation to use the vehicle, even where exceeded in time or in purpose, excludes the objective element. Messages, an insurance policy naming additional drivers and habitual practice between the parties are the evidence relied upon.

Force in things as distinct from tampering. Paragraph 2 requires force in things. Starting a vehicle with a key which was left in it, or with a duplicate which was lawfully held, does not amount to force, which excludes the aggravation.

• Article 234 CP: theft
• Article 242 CP: robbery with violence or intimidation
• Robbery and theft defence in Alicante
• Traffic offences and driving bans in Spain

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.