Article 240 Spanish Criminal Code: penalty for robbery with force

Article 240 of the Spanish Criminal Code sets the penalty for robbery with force on things: one to three years’ imprisonment for the basic offence and two to five where any of the Article 235 factors applies, such as value above 50,000 euros or repeat offending.

Wording of Article 240 of the Spanish Criminal Code

Structure of the provision

1. A robbery with force under Article 237 in connection with the Article 238 catalogue.
2. For the aggravated form, an Article 235 circumstance: value, serious loss, essential goods, repeat offending, among others.
3. Compatibility with Article 241 where committed in an inhabited house or premises open to the public.
4. Individualisation within the range under Articles 61 and following.

Defence strategy

Contesting the aggravating factor. Article 235 circumstances demand independent proof: expert valuation, documentary proof of qualifying prior convictions, or a real serious loss given the victim’s situation.

Avoiding double counting. The same circumstance cannot support both the aggravated form and a generic aggravating factor; breaching that rule is a ground of appeal.

Arguing attempt. Attempts, frequent in interrupted robberies without disposal of the goods, reduce the penalty by one or two degrees under Article 62.

Exploring reparative agreement. Returning the goods and depositing compensation triggers the Article 21.5 mitigation and favours penalties compatible with suspension under Article 80.

• Article 237: robbery, the concept
• Article 241: robbery in an inhabited house
• Article 235: aggravated theft
• Theft and burglary lawyer 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.