Article 237 Spanish Criminal Code: robbery: the concept

Article 237 of the Spanish Criminal Code defines robbery: taking another’s movable property with intent to gain, using force on things to enter or leave the place where it is kept, or violence or intimidation against persons, including during flight or against those coming to the victim’s aid.

Wording of Article 237 of the Spanish Criminal Code

Elements of the offence

1. Taking another’s movable property with intent to gain.
2. Force on things, defined in Article 238, used to access or to leave the place.
3. Violence or intimidation against persons, when committing the act, to protect flight, or against helpers and pursuers.
4. A functional link between the force or violence and the taking.

Defence strategy

Reducing to theft. Without typical force or violence the act is theft under Article 234, with a markedly lower penalty. Whether the mechanism used fits the closed catalogue of Article 238 decides the classification.

Contesting force used to leave. Force after the taking is robbery only when used to leave the place; damage unrelated to that purpose does not convert theft into robbery.

Framing supervening violence. Violence during flight turns theft into robbery only if immediately connected with the act; a later, disconnected episode is, at most, a separate offence.

Challenging intent to gain. Temporary use or a claimed right over the thing excludes or downgrades the offence, opening the route of mistake or self-help taking.

• Article 238: force on things
• Article 240: penalty for robbery with force
• Article 242: violent robbery
• Article 234: theft

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.