Article 237 Spanish Criminal Code: robbery: the concept

Frequently asked questions

What penalty does Article 237 of the Spanish Criminal Code provide for robbery: the concept?

The provision sets no penalty: it refers to Articles 240 to 242, which punish robbery with force with one to three years’ imprisonment and violent robbery with two to five, with their respective aggravations.

What are the elements of the offence under Article 237 of the Spanish Criminal Code?

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

What defence strategy applies to a charge under Article 237 of the Spanish Criminal Code?

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.

Is the English text of Article 237 of the Spanish Criminal Code official?

Working translation prepared by Société Juridique from the consolidated Spanish text published by the Official State Gazette. It has no official status: the only authoritative version is the Spanish original, available at the Official State Gazette and reproduced verbatim in our Spanish-language entry for this provision. Source: Organic Law 10/1995 of 23 November, the Spanish Criminal Code.