This article is written in conjunction with the IE Law Society.By Aronnya Saha
Madrid, the city whose busy streets and rich culture we all know and love, turns out to also be a hotspot for pickpocketing, particularly in busier areas like Sol, Gran Via and on the metro. Madrid is a generally safe place to live in, however pickpocketing remains a concern for both tourists and locals. This article will explore the laws surrounding pickpocketing, the penalties for offenders and what victims can do to protect themselves through the available legal mechanisms.
Legal Protections
According to the Spanish Penal Code, pickpocketing is categorized as a form of theft, falling under the categories of hurto (simple theft) or robo (aggravated theft). In Article 234, hurto is defined as “Whoever, for profit, were to take moveable property pertaining to others without the permission of the owner thereof, shall be convicted of larceny.” This definition excludes the use of violence or intimidation and exhibits the typical pickpocketing scenario, like stealing a wallet from someone’s pocket or a phone from someone’s bag. It is also worth noting that if the value of the stolen goods is less than 400 euros, the offense is then considered a minor theft, which carries punishment of fines or community service. Yet, if the value of the stolen goods exceeds 400 euros, the crime becomes a more serious offense, with sentences ranging from 6 months to 3 years in prison.
In situations where intimidation, force, or breaking into a secured space (like a zipped bag), the crime under Article 237 of the Spanish Penal Code is referred to as robo, pertaining to “Those who seize moveable assets pertaining to others for profit, using forcible means to access the place where these are located, or violence or intimidation on persons … shall be convicted of robbery.” The use of force in this situation is known in legal terms to be an aggravating factor, which in turn creates harsher penalties for offenders, as they may face 1 to 5 years in prison, contingent on the severity of the circumstances of the crime. Those who are repeat offenders, or those who target vulnerable individuals, like the elderly or tourists may face steeper sentences.
What Can You Do?
Hectic streets and the public transport system provide perfect and abundant opportunities for thieves to work discreetly. In attempts to combat this, Madrid police have increased patrols in high-risk locations and spread awareness about safety precautions. If you fall victim to pickpocketing in Madrid, acting quickly is critical. The first step is to report the crime to the police, by either going to the nearest police station to file a report or by filing online through the Policia Nacional website. Police reports are essential for insurance or replacing salient stolen items like passports. Moreover, it’s important to notify your bank immediately to block any stolen debit or credit cards.
Prevention is the best method to stop pickpocketing. It is recommended to keep valuables secure and out of sight, ideally in anti-theft bags or wallets. Try to avoid carrying unnecessary items or cash, and stay alert in crowded areas. Staying informed and vigilant is the most effective way to protect yourself from falling victim to robo and hurto. By understanding the laws, taking preventive measures and having a plan on what to do if you are pickpocketed, you’ll be able to enjoy Madrid to the fullest whilst minimizing the risk of becoming a victim to this common crime.
Featured image courtesy of Flickr
