Theft and Robbery
Explanation
Theft (le vol) is defined as taking the movable property of another, secretly or by force, with the intent of ownership (Article 635). The law explicitly states that harnessed energies are considered as movable property (les biens meubles) in the application of penal texts.
The basic penalty for theft is set at imprisonment from two months to three years and a fine from one hundred thousand to four hundred thousand Liras (Article 636). This penalty is aggravated in specific cases such as theft in places of worship and inhabited buildings or pickpocketing passersby. It is also aggravated if committed by a security officer, a paid servant stealing from their employer, or by two or more persons.
The penalty increases to become hard labor (les travaux forcés) from three years to ten years in certain cases (Article 638). These cases include the theft of funds from government institutions, banks and exchange shops, or the theft of a car. It also applies to theft by a masked person or one carrying a weapon, or theft using violence against persons.
Theft by means of breaking, climbing, or using manufactured keys to enter locked places protected by walls is punished with hard labor from three years to seven years (Article 639). The same penalty applies if the theft occurs during riots, fire, or shipwreck. It also applies when threatening with a weapon to prepare for the crime, facilitate it, or secure escape.
Maximum penalties are imposed if the acts of aggravated theft are accompanied by violence against persons or if committed at night, where the penalty is raised to life hard labor (les travaux forcés à perpétuité) (Article 640). If the perpetrator kills a human being for a reason related to this theft, they are punished by death (la peine de mort).
Official legal articles
replace · 1983-11-10: Open the official text
replace · 1983-11-10: Open the official text
amend · 1993-06-10: Open the official text
replace · 1983-11-10: Open the official text
replace · 1995-12-21: Open the official text
replace · 1948-02-11: Open the official text
replace · 1983-11-10: Open the official text
replace · 1995-12-21: Open the official text
replace · 1983-11-10: Open the official text
replace · 1995-12-21: Open the official text
Think deeper
How does the law justify aggravating theft penalties to life hard labor or death when violence is used or when committed at night?
Flashcards
What is the legal definition of the crime of theft in the Penal Code?
Theft is taking the movable property of another, secretly or by force, with the intent of ownership (Article 635).
How does the law treat harnessed energies in theft crimes?
Harnessed energies are treated as movable property in the application of penal texts.
What is the penalty for stealing a car or any motorized land vehicle?
It is punished by hard labor from three years to ten years (Article 638).
What is the penalty for a paid servant who steals the money of their employer?
They are punished by imprisonment from two months to three years and a fine, and this penalty is aggravated due to the perpetrator's capacity (Article 636).
When is the penalty for aggravated theft by breaking, climbing, or threatening with a weapon raised to life hard labor?
The penalty is raised if these acts are accompanied by violence against persons or if committed at night (Article 640).
What is the penalty for someone who kills a human being for a reason related to aggravated theft committed with violence or at night?
The perpetrator is punished by death if they commit murder for a reason related to this theft (Article 640).
Practice questions
Which of the following acts is considered theft according to the law?
The law explicitly states that theft is taking the movable property of another, secretly or by force, with the intent of ownership (Article 635).
What is the penalty imposed on a masked person who committed theft?
The law punishes theft by a masked person with hard labor from three years to ten years (Article 638).
A person committed theft at night by climbing the wall of an inhabited house. What is the prescribed penalty?
Climbing to enter a locked place protected by walls is punished by temporary hard labor (Article 639). Since the act was committed at night, the penalty is raised to life hard labor (Article 640).
A public employee carrying money for the administration they work for colluded with perpetrators to steal this money. How are they punished?
The penalty of hard labor from three to ten years is imposed on the public employee if they collude with the perpetrators in stealing the money they carry for the administration (Article 638).
Which of the following cases leads to the aggravation of the basic imprisonment penalty for the misdemeanor of theft?
The law provides for the aggravation of the penalty in the case of pickpocketing passersby on roads or in public places (Article 636). Stealing a car or threatening with a weapon have independent felony penalties.
Case problems
A person broke the window of a car parked on the street, then started its engine and stole it. While driving the stolen car, they wore a mask over their face to hide their identity. What is the legal characterization and penalty for this act?
Model answer
This act constitutes the crime of theft because they took the movable property of another by force with the intent of ownership (Article 635).
Two aggravating circumstances that mandate temporary hard labor apply to this case (Article 638).
The first circumstance is that the theft occurred on a car or a motorized land vehicle.
The second circumstance is that the theft was committed by a masked person.
Based on these circumstances, the perpetrator is punished by hard labor from three years to ten years (Article 638).
Self-grading rubric
In the middle of the night, two people climbed the wall of a locked warehouse and used tools to break the inner door. While exiting with the stolen goods, they faced the guard and hit him violently to secure their escape. What is the applicable penalty?
Model answer
Entering a locked place protected by walls by means of climbing and breaking constitutes a felony of theft (Article 639).
However, the crime was coupled with two additional circumstances that raise the penalty to life hard labor (Article 640).
The first circumstance is that the acts were committed at night.
The second circumstance is the acts being accompanied by violence against persons to secure escape.
Therefore, the penalty is raised to life hard labor due to these additional circumstances (Article 640).
Self-grading rubric
A woman works as a paid servant in a house. She took advantage of the absence of the homeowners and secretly took a sum of money from her employer's safe with the intent to keep it. What is the penalty imposed by the law?
Model answer
The act is taking the movable property of another secretly with the intent of ownership, which constitutes the crime of theft (Article 635).
There is no special felony penalty such as hard labor applicable to mere theft from the house without breaking or climbing.
The basic penalty for ordinary theft is set at imprisonment from two months to three years and a fine (Article 636).
The penalty is aggravated because the theft was committed by a paid servant who stole the money of their employer from the house (Article 636).