The biggest danger of theft, the use of this force or intimidation, justify the shame exceeds that set by the theft. Within the theft
two different modes, one that is distinguished by the use of force and other things by violence or intimidation against persons. The first is that which employs a force and violence to access the location of the thing. Sometimes also defined as theft of those actions in which, despite the absence strength or intimidation, there is another element that distinguishes it from mere theft. For example, you can define as theft that is produced by using a false key or pick. This is made by the similarity between the use of a false key to the strength that can be used to break that barrier (the door) to protect from theft.
Robbery with violence or intimidation against persons is one wherein a force is exerted vis physical intimidation or compulsion vis to overcome the resistance of the owner or possessor of things to delivery.
burglary in things
To establish the existence of armed robbery, must attend one of the following circumstances in the implementation of the act: Scaling
1 .- 2 .- Breaking
wall, ceiling or floor, or broken door or window.
3 .- Fracture of cabinets, chests or other type of furniture or closed or sealed, or forcing the locks or discovery of their keys to steal its contents, whether in the place of theft or outside.
4 .- use of false keys. The Penal Code itself provides a definition of what is considered false keys in his art. 239: 1. º The picks or similar instruments. 2. No legitimate keys lost by the owner or obtained by a means constitute a criminal offense. 3. º Any other than those intended by the owner to open the lock violated by the defendant. He adds in his last paragraph, for the purposes of this article, are considered key cards, magnetic or punched, and the controls and instruments remote opening. Under this, for example, is considered theft and theft not hiring credit card or debit card of another person to extract money from an ATM. 5 .-
specific deactivation of alarm systems or guardian. jambo 6 .- Kick the black: you say the Muslim who uses his leg to make effective a big kick down a door.
This offense is punishable by penalty of prison one to three years unless circumstances to estimate the theft of a particularly serious. Are specifically referred to in the art. 241 and, by reference, in the art. CP 235:
1. º evade When things artistic, historical, cultural or scientific.
2. No. When it comes to things staple or addressed to a public provided that the removal thereby incur a serious damage to it, or a situation of shortages.
3. º When particular seriousness, taking the value of the goods stolen, or damage nevertheless have special consideration.
4. º When put to the victim or his family in dire economic situation or was made to abuse the personal circumstances of the victim.
May. No house where it is committed in an inhabited house, building or premises open to the public or any of its dependencies. The same art. 241.2 provides a definition of what is considered "inhabited house" ( all hostel dwelling constitutes one or more people, but accidentally it be absent when the robbery takes place , art. 241.2) and "house occupied units or building or place open to the public "( patios, garages and other departments or sites surrounded and contiguous to the building and internal communication with him, and which form a physical unit , art. 241.3).
Robbery with violence or intimidation
is regulated in art. 242 and receives a higher penalty: imprisonment from two to five years. Apart from the penalty of theft in itself is punishable by the penalty applicable to the act of physical violence. If a theft is perpetrated by the pull procedure, in addition to the penalty of 2 to 5 years for theft, receiving the penalty for injuries to the victim.In the case of robbery with violence and intimidation also gives the possibility be circumstances punished more severely in certain defined circumstances, and so is referred to in paragraph 2 of Article: The penalty shall be in the top half when the offender makes use of weapons or other means which it bears equally dangerous, is the commit the crime or to protect the flight and when the inmate will attack those who came to the aid of the victim or those who persecute you. (art. 242.2)
Finally, it should also assess that violence or intimidation are of 'minor' and also 'the other circumstances of fact "for sentencing lower in degree, ie instead of 2 -5 years, a penalty of 1 to 2 years
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