Skilled theft is the crime of taking an asset from a person, that is, taking something that is another person. It is qualified because the way it is practiced makes the crime more serious.
In qualified theft the penalties are more serious than common theft (simple theft). The penalty for the crime is decided according to the conditions of the case and can vary between 2 and 8 years.
Aggravated theft is provided for in article 155 of the Penal Code: "Subtract, for yourself or for others, something else's mobile".
When is a theft qualified?
Theft is considered qualified when it is committed in one of these aggravating situations:
1. Destruction or breaking of an obstacle
This happens when, in order to make a theft, the criminal destroys an obstacle that existed precisely to prevent the theft.
Example: a thief who breaks the guardrail of a window to enter a residence.
2. Abuse of Trust or Fraud
Theft is also qualified when the criminal takes advantage of a situation of trust with the victim or when he commits fraud.
Example: an employee who works in a house and in the absence of his employer steals personal belongings from the family.
3. False Key Usage
This situation happens when the criminal uses a fake key (or other similar instrument) to get the theft.
Example: using a common key to be able to open a safe and withdraw the money saved.
4. two or more people
A theft is also qualified when two or more people participate in the criminal action. It's called a people contest.
Example: group of people who break a glass to steal a car parked on the street.
These situations that qualify the crime of theft are provided for in article 155, §4 of the Penal Code.
See other examples of aggravated theft:
- Entry into a residence to steal objects using a fake key.
- Breaking into a commercial property to steal products.
- Break the lock on a locker to steal the objects stored in it.
- Climbing a wall to break into and steal equipment from a school.
What is the difference between theft and robbery?
Both theft and robbery are crimes that deprive a property of its owner. The difference between the two types is how they happen and the penalties that are applied to each.
Theft
Theft is the crime of taking property, that is, taking something that belongs to someone else. This happens without the victim noticing the criminal's action and without any violent action against the stolen person.
The penalty for the crime of theft is 1 to 4 years imprisonment.
Theft
In the crime of robbery, the removal of the property takes place with a violent action that threatens the victim. It is the crime popularly known as assault.
For example, when a person suffers a robbery in which the criminal uses a firearm to threaten him.
For theft, the law provides for the penalty of 4 to 10 years imprisonment, in addition to paying a fine. The penalty can be even greater in more serious situations, depending on the weapon used or whether the criminal's action results in the victim's death or bodily harm. In such cases, the penalty can be up to 30 years in prison.
To learn more, read also about the crime of theft.
Types of theft
According to the Penal Code, the crime of theft exists in two forms: qualified and simple.
Qualified theft only takes place in specific situations described in the law.
Simple theft is the crime in which an individual withdraws from another person's property without any of these aggravating situations. It is a crime that happens without a trace and usually the victim only notices the theft some time later.
Stealing a backpack left on a restaurant chair is an example of simple theft.
Also know the meaning of theft.