Understanding Theft, Robbery, Extortion, and Fraud
Item 1: The Crime of Theft
Definition
Theft is the act of taking possession of another person’s movable property without their consent, with the intent to benefit from it.
Elements of Theft
- Actus Reus (Guilty Act): The physical act of taking possession of the property (seizure).
- Mens Rea (Guilty Mind): The intent to permanently deprive the owner of their property.
Theories of When Theft is Complete
- Apprehension Theory: When the thief touches the property.
- Removal Theory: When the property is moved.
- Ablatio Theory: When the thief removes the property from the owner’s custody.
- Locupletatio Theory: When the thief benefits from the property (e.g., sells it).
- Prevailing View: When the property comes under the thief’s control.
Subjects, Object, and Commission
- Active Subject: Anyone can commit theft.
- Passive Subject: The owner or possessor of the property.
- Material Object: Movable property belonging to another.
- Legal Object: Property rights (ownership, possession, or custody).
- Commission: Theft can be committed directly or indirectly (e.g., through an accomplice).
Justifications and Excuses
- Necessity (e.g., theft by a starving person).
- Owner’s consent.
- Reclaiming one’s own property (not theft if done without violence).
Criminal Responsibility
- Minority (under 18 years old).
- Mental illness (e.g., kleptomania).
Penalty
Imprisonment from six months to three years (simple theft). Imprisonment from one to three months if the value of the stolen property is less than a certain amount (petty theft).
Types of Theft
Simple Theft
Basic form of theft as defined in Article 451.
Aggravated Theft (Article 452)
- Theft from public offices or institutions.
- Theft from cemeteries, graves, or tombs.
- Theft of religious objects or from places of worship.
- Theft from a person in a public place using cunning or skill.
- Theft from travelers.
- Theft of animals from stables.
- Theft of timber, factory materials, or products left in the open.
- Theft of objects left exposed to public trust.
Qualified Theft (Article 453)
- Theft by abuse of trust (e.g., from an employer).
- Theft during a disaster or public disturbance.
- Theft at night or from a dwelling.
- Theft with breaking and entering.
- Theft with lock picking or false keys.
- Theft with scaling.
- Theft by breaking seals placed by a public official.
- Theft while disguised.
- Theft by three or more people.
- Theft by impersonating a public official.
- Theft of objects intended for public defense or relief.
Item 2: The Crime of Robbery
Definition
Robbery is theft committed with violence or threats against a person.
Elements of Robbery
- Theft
- Use of force, violence, or intimidation
Types of Robbery
Robbery Proper (Article 455)
Violence or threats are used to force the victim to hand over their property.
Improper Robbery (Article 456)
Violence or threats are used immediately after the theft to ensure escape or impunity.
Mild Robbery (Snatching)
Violence is used only to snatch the property from the victim.
Robbery of Documents (Article 457)
Violence or threats are used to force someone to hand over, sign, or destroy a document.
Aggravated Robbery (Article 458)
- Threats to life.
- Use of a firearm.
- Committed by multiple people, one of whom is armed.
- Committed by disguised individuals.
- Involves an attack on individual liberty.
Item 3: The Crime of Extortion
Definition
Extortion is the act of obtaining something of value from another person by instilling fear of harm.
Elements of Extortion
- Threat of harm
- Intent to obtain something of value
Aggravating Circumstances (Article 19)
- Vulnerable victim (child, elderly, disabled).
- Use of torture or violence.
- Victim is a public official or their relative.
- Causing public disturbance or alarm.
- Victim is a relative or close associate.
- Impersonating an authority figure.
- Perpetrated by a public official.
- Use of firearms.
- Use of drugs.
Item 4: The Crime of Fraud
Definition
Fraud is the use of deception to obtain an unfair advantage.
Elements of Fraud
- Deception or trickery
- Intent to deceive
- Unfair advantage obtained
Types of Fraud
Simple Fraud (Article 462)
Basic form of fraud.
Aggravated Fraud
- Against the government or a public entity.
- Against a welfare institution.
- By instilling fear of imaginary danger or a false official order.
- Using a forged public document or issuing a bad check.
Specific Cases of Fraud (Article 463)
- Using a false name or mandate.
- Deceptively obtaining a signature on a document.
- Transferring or encumbering property known to be someone else’s.
- Selling the same property to multiple buyers.
- Collecting on a debt already paid.
- Disposing of encumbered property.
- Offering fake treasures or deposits.
- Exploiting minors or disabled individuals.
Other Types of Fraud (Article 464)
Various specific fraudulent acts are listed.