Shoplifting in Spain
Shoplifting, or theft, is defined in the dictionary as
‘the illegal act of taking goods from a shop without paying for them.’
Shoplifting is on the rise in recent years in Spain, with more than one case of theft recorded a minute.
Nonetheless, lots of other products are stolen from supermarkets and department stores all over Spain. Especially in big department stores, people may think that there are no consequences for stealing something small.
Additionally, it also unfortunately happens that people are falsely accused for shoplifting, when they are actually innocent.
This article will cover what happens if you are detained for shoplifting, the sentences given, and what to do if you are either accused of shoplifting or the owner of a store that somebody has shoplifted from.
What happens if you are detained for shoplifting?
Usually, the offender is detained at the time of the theft, as big department stores have advanced security measures. Security guards can check the security cameras to confirm the attempted theft.
If the CCTV footage clearly shows the person stealing something, it is taken as definitive proof. This speeds up the proceedings. However, there are many cases where the footage does not fully identify the person or it does not fully show them stealing, in which case it cannot be taken as definitive proof.
How does the Spanish law define shoplifting?
The crime of shoplifting is divided into the categories of lesser or serious theft (called ‘delito de hurto’.)
Lesser theft:
Shoplifting is considered to be lesser theft if the stolen item(s) is/are worth less than 400 euros. The sentence would be a fine, paid for 1-3 months (paying a certain amount each day for that timeframe).
This is set out in Article 234 of the Spanish Criminal Code.
Serious theft:
If the stolen item(s) had a value of over 400 euros, this would result in prison time of between 6-18 months.
This is also set out in Article 234 of the Spanish Criminal Code.
According to Article 245 of the Criminal Code, crimes which are designated as lesser thefts (as in, less than 400 euros of value) can also be treated as greater thefts if:
The alarm or security devices have been tampered with
The shoplifter is a reoffender
The stolen items are items of historic/cultural value
They steal something of basic need which then results in a shortage.
It places the victim or their family in a serious economic situation (in cases of stealing from smaller shops)
Minors under 16 are used to commit the offence
The crime is committed as part of a criminal organisation
Both types of sentence will result in a criminal record.
What to do if you have been accused of theft:
Contact a lawyer immediately – as these cases sometimes have a quick turnaround time, it is important to get in contact with a lawyer as soon as possible to create the best possible case. They can accompany you to the police, inform you of your rights and defend you.
Collect all the information possible. What are they accusing you of stealing? Is there an reasonable explanation? What was the name of the security guard who detained you?
Do not sign anything that the shop security guards give you – they could be trying to force a false confession out of you. Remember that you have the right to not give an answer or respond to their questions.
On the other hand, here is what to do if your store has been robbed:
Tell the police and report the facts
Keep as much evidence as possible
Contact your insurance
Check CCTV
Seek professional or legal help
Whichever side of the theft you are on (or suspected to be on) get in touch with one of our expert criminal lawyers, who would be happy to help.
DISCLAIMER: this article may not be up-to-date and cannot be considered official legal advice. For specific advice get in touch using the details below.
Piñera del Olmo
c/ Aribau 114, entlo (mezzanine) 2ª
08036 Barcelona
Phone: +34 93 514 39 97
Fax: +34 93 127 07 66
Email: rpinera@pineradelolmo.com