The difference between theft and theft is in the way each of these crimes against property is committed. In the theft, there is no episode of violence or threat against the victim. Theft, on the other hand, consists of the occurrence of a threat or violence against the person being robbed (synonymous with robbery).
However, theft can have two classifications:
- simple theft,
- Qualified theft.
Simple theft occurs when there is no transposition, disruption or destruction of an obstacle to subtraction. While qualified theft occurs through a means of clearing an obstacle to subtraction.
| simple theft | aggravated theft | Theft | |
|---|---|---|---|
| Characteristics | Subtraction of assets without using threat, violence, disruption or destruction of obstacles. | Subtraction without the use of threat or violence, but with disruption, destruction of an obstacle, breach of trust, fraud or employment of two or more persons. | Subtraction by threat or use of violence. |
| Typification | Art. 155 - §1st, 2nd and 3rd | Art. 155 - §4º | Art. 157 |
| Pity | From one to four years and fine. | From two to eight years and a fine. |
From four to ten years and a fine. In special cases, the penalty may be increased, which may be from twenty to thirty years in the case of robbery followed by death. |
| Example | Theft of objects such as wallets or cell phones from inside purses or pockets. | Theft of cars or houses with breaking into doors, windows or climbing walls. | Robbery with the use of firearms or cold weapons, causing the victim to hand over his goods. |
Robbery and theft are acts that represent the forced and unexpected subtraction of movable property (objects that can be mobilized), which rightfully belongs to a certain person. Both are considered property crimes.
Theft
The Brazilian Penal Code typifies the crimes of theft in its article 155:
To subtract, for oneself or for others, a movable alien thing.
According to the legislation, theft can be divided into two categories:
1. simple theft
The simple swipe where the subtraction takes place without a trace. Nothing is broken, no obstacles are breached. The penalty in these cases consists of imprisonment, from one to four years, and a fine.
Simple theft differs from theft in that there is no threat of any kind and from qualified theft in that there is no disruption of an obstacle to subtraction.
2. aggravated theft
Qualified theft, different from simple theft, occurs when there is a breach or overcoming of an obstacle to subtraction or the stolen person is deceived or defrauded.
The fourth paragraph of Art. 155 of the Penal Code provides for an increase in the penalty in these cases and considers qualified theft when:
§ 4 - The penalty is imprisonment from two to eight years, and a fine, if the crime is committed:
I - with destruction or rupture of an obstacle to the subtraction of the thing;
II - with abuse of trust, or through fraud, escalation or dexterity;
III - using a false key;
IV - through competition of two or more persons.
Theft
Theft is another type of crime against property. Occurs when subtraction occurs through threat or violence. A robbery is considered a synonym for theft and not another type of crime.
According to Art. 157 of the Penal Code, theft occurs when:
Taking someone else's movable property, for oneself or for another, by means of a serious threat or violence to the person, or after having, by any means, reduced the person to the impossibility of resistance
In these cases, the penalty is imprisonment from four to ten years and a fine. This penalty may be increased due to aggravating factors:
§ 3 If the violence results in serious bodily injury, the penalty is imprisonment from seven to fifteen years, in addition to a fine; if death results, imprisonment is from twenty to thirty years, without prejudice to the fine.
types of crime
Theft is classified as a common crime, as it can be committed by anyone, regardless of the agent's motivation. The purpose is to seize the material property of the victim. Therefore, it is a crime against property only.
Robbery is a complex crime. This is because it is composed of several acts that are individually considered as crimes, such as bodily injury (if it happens), theft and illegal embarrassment.
It is called a complex crime because it affronts more than one legal interest, since it harms both the property and the physical or moral integrity of the victim.
See too:
- types of violence
- Imprisonment, detention and simple imprisonment
