Article 244 Spanish Criminal Code: Taking a motor vehicle for use

Frequently asked questions

What penalty does Article 244 of the Spanish Criminal Code provide for taking a motor vehicle for use?

Community service of thirty one to ninety days or a fine of two to twelve months where the vehicle is returned within forty eight hours, in the upper half where force in things is used. Where it is not returned, the act is punished as theft or robbery, and where there is violence against persons, under Article 242.

What are the elements of the offence under Article 244 of the Spanish Criminal Code?

The taking or use of a motor vehicle or moped belonging to another. The absence of due authorisation of the owner or holder. The absence of intent to appropriate, which is what distinguishes the offence from theft and robbery. The return of the vehicle, directly or indirectly, within a period not exceeding forty eight hours, which is the condition of the reduced frame.

What defence strategy applies to a charge under Article 244 of the Spanish Criminal Code?

Absence of intent to appropriate. The whole provision rests upon the absence of intent to appropriate. Abandoning the vehicle in a visible place, the short duration of the use and the absence of any attempt to sell it or to alter its identifying features are the elements which sustain the classification under this article rather than as theft. Calculation of the forty eight hours. The period runs from the taking, and an indirect return is sufficient. Where the vehicle was recovered within that period, even by the police, the case law admits the reduced frame, which is habitually overlooked in the indictment. Authorisation and its scope. A prior authorisation to use the vehicle, even where exceeded in time or in purpose, excludes the objective element. Messages, an insurance policy naming additional drivers and habitual practice between the parties are the evidence relied upon.

Is the English text of Article 244 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.