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The act of seizing other people's things can constitute a crime of theft, if force or violence is not used, or robbery, if force is used on things or violence or intimidation on people, the latter being the case that is punished with more severe penalties, due to their greater severity. In the crime of robbery with violence, the appropriation of other people's things coincides with the attack on people , circumstances that justify a greater punishment. Next, we are going to see what the crime of robbery with violence or intimidation of people consists of and when it is understood to have been committed. We can help you At Dexia Abogados we are lawyers specializing in theft crimes . If you need an office with extensive experience in Criminal Law, contact us and find out without obligation . CONTACT US What does the crime of robbery with violence consist of? A crime of robbery with violence is committed when violence or intimidation is used on another person to seize another's personal property for profit.
The crime of robbery with violence is contemplated and defined in a general way in article 237 of the Penal Code, together with the crime of robbery with force of things : Those who, for profit, seize the movable property of others by using force on the things to access or leave the place where they are located or by violence or intimidation against people, whether when committing the crime, are guilty of the crime of theft. to protect DM Databases the escape, or on those who came to the aid of the victim or who pursued him. Article 237 of the Penal Code Later, article 242 deals with this crime in more depth , establishing the corresponding penalty and the circumstances that may aggravate or mitigate the punishment. The crime of robbery with violence is a common crime , since no special personal condition is required to be the author or victim of the crime . Furthermore, it is a crime of result , since to complete the illicit conduct, it is necessary for the perpetrator to effectively take possession of another's property.
In this sense, it is a crime that admits its commission at an attempted level . On the other hand, it is an intentional crime , since one of its fundamental elements is the profit motive, which eliminates the possibility of its commission due to recklessness. The legal asset protected by the crime of robbery with violence is property.That the crime is committed in an inhabited house , building or premises open to the public or in any of its premises. In this case, the penalty will be imprisonment of 3 years and 6 months to 5 years. The minimum penalty threshold is therefore increased. That weapons or other equally dangerous means are used , both when committing the crime, to protect the escape or to attack those who come to the aid of the victim or pursue the guilt does not impose it, but rather indicates it as a power of the judge or court: if the violence or intimidation exerted is minor, and if it is considered appropriate considering Taking into account the other circumstances of the event, a sentence lower in degree than that indicated for each case may be imposed.
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