The conduct in both cases is the same: taking possession of another's property without the consent of the owner . But in robbery, there is an added bonus: there is violence or intimidation of people, or force on things. Thus, one of the differences between robbery and theft is that the former is more serious and the penalty is greater.
If you are affected by a crime of robbery or theft, it is best to go to a lawyer malaysian phone numbers specialized in the matter, such as one of the law firms in Palma .
Robbery and theft are completely different crimes. In fact, they are regulated in different articles of the Criminal Code, but both are included in the same title, which is entitled: Crimes against property.
Theft : regulated by articles 237 to 242 of the Criminal Code . Those who, with the intention of profit , seize the movable property of others by using force on the things to gain access to or leave the place where they are located or violence or intimidation on people, whether when committing the crime, to protect the escape, or on those who come to the aid of the victim or who pursue him.
Theft : Articles 234 to 236 of the Penal Code . Anyone who, with the intention of making a profit, takes another person's movable property without the consent of its owner will be punished as guilty of theft.
The difference lies in whether there has been force against things or violence or intimidation towards people to determine whether it is a crime of robbery or theft.
Examples: if you are on the subway and your cell phone is taken from you without you realizing it, it is theft. Or if you leave the door of your house open and someone comes in and takes your laptop, it is also theft.
If you force open windows or doors to take someone else's property or point a gun at someone to steal their cell phone, it will be a crime of robbery .
Crime of theft
As we already know, theft only occurs when force or violence is used. Depending on the value of the stolen goods, the penalty will be 6 to 18 months in prison if the amount exceeds 400 euros and a fine of 1 to 3 months if the value does not exceed 400 euros . Article 235 of the Penal Code includes aggravated conduct in the crime of theft.
This type of crime, whether minor or aggravated, gives rise to a criminal record once the conviction is final.
Crime of theft
There are different types of theft crimes:
with violence or intimidation towards people: it may consist of applying physical force to people to seize things, or causing intimidation to the person. They are punishable by sentences of 2 to 5 years , although it rises to 3 years and 6 months to 5 years if this violence or intimidation is committed in an inhabited house.
with force on things : for example, breaking a car window to take a bag that is inside. These crimes are punishable by 1 to 3 years in prison, although this can be increased to 2 to 5 years if certain circumstances apply or if the crime is committed in an inhabited house.