Bill would allow prison time for repeat petty theft

Automatic summary, not yet reviewed

1. The bill would amend Article 235.1.7.º of the Criminal Code so that the repeat offender aggravating factor also applies to petty theft. Someone previously convicted of at least three crimes of the same nature could face one to three years in prison, even if the stolen goods are worth less than 400 euros.
2. The proposal responds to a disagreement over how to apply the repeat offender rule after the 2015 reform. The State Attorney General's Office understood that the aggravating factor also applied to petty theft, but the Supreme Court, in ruling 481/2017, found it disproportionate and refused to apply it to petty offenses.
3. The new rule would not follow the general repeat offender rules in the general part of the Criminal Code, namely Articles 22.8 and 66. Under those articles, prior convictions for petty offenses do not count.
4. The sponsors, the VOX Parliamentary Group, justify the reform by the high number of thefts in Spain and by people who commit thefts repeatedly as a means of living. They argue that the fine provided for petty theft has proven ineffective at preventing this behavior.
5. The law would be enacted under the state's authority over criminal legislation and would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

• People with multiple theft convictions: They could face one to three years in prison even when the new theft is petty, meaning under 400 euros.
• Businesses and the general public: The bill aims to protect their property against habitual thieves.
• Judges and courts: They would have an express rule to apply the repeat offender aggravating factor to petty theft, without the limits of Articles 22.8 and 66 of the Criminal Code.

Words worth knowing

Delito leve (petty offense)

A minor criminal offense punished with lighter penalties, such as a fine. Before 2015 it was called a 'falta'.

Multirreincidencia (repeat offender aggravating factor)

An aggravating factor applied when the person has already been convicted of at least three crimes of the same nature.

Condena ejecutoria (final conviction)

A conviction that is final, meaning it can no longer be appealed.

Antecedentes cancelados (expunged records)

Criminal records that are erased after a certain time and, as a rule, are not taken into account.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries