Article 237 of the criminal code that punishes the crime of theft, highlights two types of robberies, theft with force on things and theft with violence or intimidation.
The first corresponds to the concurrence in the subtraction of certain types of "force" in things (listed in articles 238 and 239) that are 1) the escalation, 2) the breaking of the wall, ceiling or floor, or door fracture or window, 3) the fracture of cabinets, coffers or other furniture or closed or sealed objects, or forcing their locks or discovering their keys to subtract their contents, either in the place of theft or outside it, 4) the use of false keys and 5) the use of specific alarm or guard systems.
The second corresponds to the concurrence in the subtraction of violence or intimidation; This can be aggravated if it occurs in an inhabited house, building or premises open to the public or in any of its dependencies (art. 242.2 CP) or if it is accompanied by a use of weapons or other dangerous means (art. 242.3 CP):
Penalty in case of robbery crime: two to five years in prison
The legal asset protected against this type of crime is the property and possession of movable property.
- Active subject: any natural person.
- Passive subject: any natural or legal person, by virtue that the legal asset that is protected, is her property.
- Action: It consists of seizing something movable, without the right and without the consent of the person considered as a legitimate owner by law. The subjective aspect of the crime of robbery is the profit motive: It is necessary that the active subject acts with intent, which must include the knowledge that it is a foreign property obtained without the consent and without the will to your owner.