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Article 240 Spanish Criminal Code: penalty for robbery with force
Quick answerArticle 240 of the Spanish Criminal Code sets the penalty for robbery with force upon things: one to three years of imprisonment for the basic offence and two to five years where any of the circumstances in Article 235 is present. The force that turns a taking into robbery is that described in Article 238, which includes the use of false keys.
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.
Also cited as: article 240 Spanish Criminal Code · art. 240 CP · Spanish Penal Code article 240 · artículo 240 del Código Penal.
Wording of Article 240 of the Spanish Criminal Code
1. The person guilty of robbery with force on things shall be punished with imprisonment of one to three years.
2. Imprisonment of two to five years shall be imposed where any of the circumstances provided for in Article 235 applies.
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.
Sentencing range. One to three years for the basic offence; two to five with the Article 235 circumstances. Robbery in an inhabited house is governed by Article 241, with its own range.
Key facts
| Function of the provision | Sets the penalty for the robbery with force defined in Article 237 and delimited by the catalogue in Article 238. |
|---|---|
| Sentencing range | One to three years under paragraph 1. Two to five years under paragraph 2, where the circumstances in Article 235 are present. |
| Classification | Less serious offence under paragraph 1. Serious offence under paragraph 2, the penalty reaching five years at its upper limit. |
| Trial court | Criminal Court in both cases, the penalty not exceeding five years. |
| Limitation period | Five years, under Article 131 of the Criminal Code. |
| Suspension of sentence | Available for the basic offence where the sentence imposed does not exceed two years, under Article 80. |
| Excluded situation | Robbery in an inhabited dwelling or in premises open to the public is governed by Article 241, with its own sentencing range. |
| Boundaries | With theft under Article 234, which requires no force, and with robbery with violence or intimidation under Article 242. |
Structure of the provision
- A robbery with force under Article 237 in connection with the Article 238 catalogue.
- For the aggravated form, an Article 235 circumstance: value, serious loss, essential goods, repeat offending, among others.
- Compatibility with Article 241 where committed in an inhabited house or premises open to the public.
- 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.
Case law
Supreme Court judgment 266/2024 of 18 March, Full Second Chamber. Taking keys that are not at the offender’s disposal, in order to open a strongbox surreptitiously, amounts to obtaining them by means constituting a criminal offence for the purposes of Article 239(2). What matters is not that the key was lost but that its owner never handed it over voluntarily for that use. The case concerned a domestic employee who exploited a relationship of trust.
Consequence for classification. The ruling is decisive in separating robbery with force from theft aggravated by breach of trust. Where a person with lawful access to the premises takes a key that was not entrusted to them for that purpose, the conduct is robbery with force and is punished under this Article 240, not as theft.
The same reasoning extends to bank cards, which Article 239 treats as keys alongside remote opening devices and any other technological instrument of similar effectiveness.
Defence in this area
If you or your company are facing proceedings in this area, the firm provides defence and prosecution in Alicante and Madrid, with 24-hour assistance to detained persons.
Are you under investigation or facing charges in Spain? Société Juridique acts for foreign nationals throughout Spain, with offices in Alicante and Madrid and a 24-hour custody line. +34 669 30 21 13 or enquire online.
- 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.
Last reviewed: 21 September 2026.
Frequently asked questions
What penalty does Article 240 of the Spanish Criminal Code carry?
One to three years of imprisonment for robbery with force upon things. The penalty rises to two to five years where any of the circumstances in Article 235 is present, which concern among others the value of what was taken, particularly serious loss, or exploitation of the victim’s helplessness.
What separates robbery with force from theft?
The presence of one of the forms of force upon things listed in Article 238: climbing in, breaking through a wall, roof or floor, forcing a door or window, using false keys, or disabling alarm or security systems. Without force, the taking is theft under Article 234.
Is using a key that was not entrusted to me for that purpose robbery?
Yes. The Full Second Chamber of the Supreme Court, in judgment 266/2024 of 18 March, held that taking keys not at the offender’s disposal, in order to open a closed place surreptitiously, amounts to obtaining them by means constituting a criminal offence, with the result that the act is classified as robbery with force.
What about using someone else’s bank card?
Article 239 treats cards, whether magnetic or perforated, remote opening devices and any other technological instrument of similar effectiveness as keys. Their unauthorised use to reach the cash in a machine is therefore treated as robbery with force.
Can the sentence be suspended?
For the basic offence, yes, where the sentence imposed does not exceed two years and the requirements of Article 80 of the Criminal Code are met. It is harder under the aggravated form in paragraph 2, which starts at two years.
When does it become time-barred?
After five years, under Article 131 of the Criminal Code.
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