What is petty theft?

This offence occurs when a person appropriates someone else's property without the permission of its owner, with the purpose of obtaining personal gain. It is described in Article 234 of the Penal Code.

The punishment foreseen consists of a fine of between 1 and 3 months, provided that the value of the stolen object does not exceed 400 euros. The exact amount of the fine will be determined by the judge depending on the circumstances of the case.

What does a petty theft offence involve?

Minor offences, previously known as misdemeanours, are criminal offences that carry less serious penalties, according to the provisions of Organic Law 1/2015. Until July 2015, these conducts were considered misdemeanours, but with the reform of the Penal Code they were classified as minor offences.

The misdemeanour of theft occurs when a person steals someone else's property without the consent of its owner and with the intention of making a profit. To be considered a minor offence, the value of the stolen object must not exceed 400 euros. In addition, there must not have been any violence or intimidation, since, in that case, it would be considered a theft offence.

If the value of the stolen property exceeds 400 euros, the offence is considered as serious theft, punishable by a prison sentence of 1 to 3 years, in accordance with the provisions of the Criminal Code.

How to avoid a petty theft trial

If you are facing trial for petty theft, there are a number of legal strategies that can help you avoid a conviction. It is best to have a specialised lawyer analyse your case and assess the alternatives available to you. In many cases, it is possible to reach an agreement with the injured party before the trial, which can avoid the imposition of a conviction and the need to appeal to the Provincial Court of your city. 

For example, if the theft was of low value, such as a theft fine of 10 euros, or if it is an attempted misdemeanour, returning the stolen item and reaching an agreement with the victim may be enough to avoid a trial.

If no agreement is reached with the affected party, another option is to pay the fine imposed and present the receipt to the court. This could allow the application of exonerating or mitigating factors that considerably reduce the penalty. Factors that may influence a favourable decision include the absence of a criminal record or having acted under a justified state of necessity.

Another aspect to take into account is the statute of limitations. If more than one year has passed since the petty theft was committed and no legal action has been taken, the offence is time-barred and cannot be prosecuted, which would mean that the proceedings would be closed.

Ultimately, the assistance of a criminal defence lawyer is essential to assess all the circumstances of the case, including the possible lack of sufficient evidence or errors in the identification of the alleged perpetrator. If the defence lawyer succeeds in generating reasonable doubt about the guilt of the accused, the judge may decide not to continue with the proceedings or to acquit.

Characteristics and procedure of the petty theft offence

The misdemeanour of petty theft is distinguished by a number of specific characteristics that differentiate it from more serious offences. In addition, its judicial process follows an agile procedure determined by the Criminal Procedure Act.

Characteristics of petty theft

- Temporary criminal record: A conviction for a minor offence generates a criminal record, but this only remains on the convicted person's record for six months after serving the sentence.

- Necessity of prior complaint: In order for legal proceedings to be initiated, the victim or his or her legal representative must file a complaint.

- No prison sentences: Petty theft does not carry a prison sentence, except in exceptional circumstances, such as three repeat offences for the same offence.

- Statute of limitations in one year: If one year has passed since the offence was committed without proceedings having been initiated, the offence is time-barred and can no longer be prosecuted.

Requirements of the petty theft offence

For an act to be classified as a petty theft offence, it has to meet certain essential requirements:

A. Physical displacement of the object: The perpetrator of the theft must move the stolen property and add it to his or her assets, which excludes omissive conduct or commission by omission.

B. Use of auxiliary means: It is not necessary that the perpetrator takes the object directly; the displacement can be done by means of a mechanical device, an animal or even by manipulating another person.

C. Key element of the offence: The essence of theft lies in the theft and physical displacement of the stolen object, either directly or through some auxiliary means.

Trial procedure for the misdemeanour of petty theft

The judicial process follows that described in articles 962 to 977 of the Law of Criminal Procedure (LECrim), and is developed in the following manner:

1. Complaint and notification: The police receive the complaint and draw up a report.

2. Jurisdiction of the Court of Instruction: The report is sent to the Duty Court of Instruction, which will summon the victim, witnesses and the accused.

3. Decision of the judge:

- Suspension of the proceeding and filing of the proceedings, if there is insufficient evidence.

- Immediate trial, if the parties are present or the judge considers that the absence of any of them does not affect the resolution of the case.

Speedy trial for minor theft offence

Where theft is committed by flagrancy and there is a prior complaint, the procedure can be expedited by a speedy trial before a duty court, subject to the rules of allocation and jurisdiction.

1. conduct of the hearing: the hearing is scheduled within a few days and conducted by the Investigating Magistrate's Court.

2. attempted larceny: If the offender fails to dispose of the stolen property, he may be convicted of attempted petit larceny, which carries a reduced sentence of one or two degrees less.

3. Consequences of conviction:

- The conviction can only be appealed to the provincial court.

- If the conviction is upheld, the criminal record is entered in the Central Register of Convicted Persons.