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Article 241 Spanish Criminal Code: Robbery in an inhabited house or premises open to the public
Quick answerArticle 241 of the Spanish Criminal Code punishes with two to five years of imprisonment robbery committed in an inhabited dwelling, in a building or premises open to the public or in their outbuildings, and with one to five years robbery committed in a business open to the public outside opening hours. An inhabited dwelling is any shelter that constitutes a home, even if the occupants happen to be away.
Article 241 punishes robbery committed in an inhabited house, in a building or premises open to the public or in their outbuildings, and it defines both concepts. The frame rises where the acts are of special seriousness or where a circumstance of Article 235 is present.
Also cited as: article 241 Spanish Criminal Code · art. 241 CP · Spanish Penal Code article 241 · artículo 241 del Código Penal.
Wording of Article 241 of the Spanish Criminal Code
1. Robbery committed in an inhabited house, in a building or premises open to the public, or in any of their outbuildings, shall be punished with imprisonment of two to five years.
Where the acts have been committed in an establishment open to the public, or in any of its outbuildings, outside opening hours, imprisonment of one to five years shall be imposed.
2. An inhabited house is taken to be any dwelling which constitutes the abode of one or more persons, even where they are accidentally absent from it when the robbery takes place.
3. The outbuildings of an inhabited house or of a building or premises open to the public are taken to be their yards, garages and other departments or enclosed sites which are contiguous to the building and in internal communication with it, and with which they form a physical unit.
4. Imprisonment of two to six years shall be imposed where the acts referred to in the preceding paragraphs are of special seriousness, having regard to the manner of commission of the offence or to the loss caused and, in all cases, where one of the circumstances set out in Article 235 is present.
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. Imprisonment of two to five years for robbery in an inhabited house or in premises open to the public, one to five years where an establishment open to the public is entered outside opening hours, and two to six years in the aggravated cases of paragraph 4.
Key facts
| Basis of the aggravation | The risk of an encounter between the offender and the occupants, which adds to the attack on property a danger to privacy and personal safety. |
|---|---|
| Sentencing range | Two to five years in an inhabited dwelling, a building or premises open to the public and their outbuildings. One to five years in a business open to the public outside opening hours. |
| Statutory definition of inhabited dwelling | Any shelter that constitutes the home of one or more persons, even where they happen to be away when the robbery takes place. |
| Outbuildings | Courtyards, garages and other enclosed areas adjoining the building, internally connected with it and forming part of the whole. |
| Classification | Serious offence, the penalty reaching five years at its upper limit. |
| Trial court | Criminal Court, the penalty not exceeding five years. |
| Limitation period | Five years, under Article 131 of the Criminal Code. |
| Related provisions | Article 237 and Article 238, the concept and forms of force; Article 240, the general offence; Article 202, unlawful entry into a home. |
Elements of the offence
- A robbery with force in things under Article 238, or with violence or intimidation, since the provision aggravates the basic conduct.
- That the place be an inhabited house, a building or premises open to the public, or one of their outbuildings as defined in paragraph 3.
- In the case of the second subparagraph of paragraph 1, that the establishment be open to the public and that the acts occur outside opening hours.
- In the case of paragraph 4, special seriousness by reason of the manner of commission or of the loss caused, or the presence of a circumstance of Article 235.
Defence strategy
Whether the dwelling was inhabited. Paragraph 2 requires the place to constitute the abode of one or more persons. Dwellings which are uninhabited, empty for long periods, under construction or in a state of abandonment fall outside the aggravation, and the report of the police inspection is the material upon which the point is contested.
The concept of an outbuilding. Paragraph 3 requires internal communication with the building and a physical unit with it. A garage with independent access from the street, or an enclosure which is merely adjacent, does not satisfy the definition, which excludes the aggravated frame.
Special seriousness of paragraph 4. The aggravation requires an assessment of the manner of commission or of the loss caused. A generic reference to the value of the property taken, without a reasoned assessment of that seriousness, is a defect of motivation which affects the frame applied.
Prohibition of double assessment. Where the circumstance of Article 235 relied upon has already been weighed in the description of the conduct or in the assessment of the special seriousness, its double application is precluded by Article 67. Identifying that overlap may reduce the penalty by a full degree.
Case law
Supreme Court judgment 587/2020 of 6 November, Second Chamber (ECLI:ES:TS:2020:362). Sets out the concept of a home for the purposes of unlawful entry under Article 202 and extends it to second homes and seasonally occupied dwellings. A dwelling keeps that character even where it is not permanently occupied, provided there are signs of use such as furniture and active utility supplies. The Chamber refuses to make criminal protection depend on administrative formalities.
Bearing on Article 241. The concept of a home is the core of the statutory definition of an inhabited dwelling, so that criterion is decisive in robberies at holiday properties. A defence seeking to exclude the aggravation must show that the property had lost the character of a home, not merely that it was empty on the day, since the occupants’ accidental absence does not exclude the offence.
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 238 CP: robbery with force in things
- Article 242 CP: robbery with violence or intimidation
- Article 235 CP: aggravated theft
- Robbery and theft defence in Alicante
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 241 of the Spanish Criminal Code carry?
Two to five years of imprisonment for robbery in an inhabited dwelling, a building or premises open to the public or their outbuildings. Where the acts take place in a business open to the public outside opening hours, the penalty is one to five years.
What counts as an inhabited dwelling?
Any shelter that constitutes the home of one or more persons, even where they happen to be away when the robbery occurs. The fact that the dwelling was empty at that moment does not exclude the aggravation.
Is a second home an inhabited dwelling?
In judgment 587/2020 of 6 November the Supreme Court extended the concept of a home to second homes and seasonally occupied dwellings, provided they retain signs of use such as furniture and active utility supplies. That criterion is decisive for Article 241.
What are the outbuildings of an inhabited dwelling?
Courtyards, garages and other enclosed areas adjoining the building, internally connected with it and forming part of the whole. That adjacency and internal connection are required.
Can the sentence be suspended?
It is difficult, since the minimum penalty of two years sits at the limit set by Article 80 of the Criminal Code. It is possible only where the sentence imposed does not exceed two years and the other statutory requirements are met.
When does the offence become time-barred?
After five years, under Article 131 of the Criminal Code.
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