Written by Javier Rincón Bernal & Manuel Rincón Bernal — Criminal Defence Lawyers · RINBER (25 years of practice)
If you or a family member has been arrested on robbery charges in Spain, understanding how the Spanish criminal justice system treats this offence — and how quickly you need a defence lawyer — can make the difference between a suspended sentence and years in prison.
What Robbery Means Under Spanish Law
Spanish law distinguishes clearly between hurto (theft, Art. 234 Penal Code) and robo (robbery, Arts. 237-242 Penal Code). Robbery requires either force used on objects (breaking locks, climbing through windows) or violence/intimidation against a person. This distinction is critical: robbery carries far heavier penalties than simple theft.
- Robo con fuerza en las cosas (Art. 238-241): breaking and entering, forcing locks, or similar means — penalties of 1 to 3 years imprisonment, increased for aggravating circumstances (inhabited dwelling, disguise, use of tools).
- Robo con violencia o intimidación (Art. 242): using force or threats against a victim — penalties of 2 to 5 years, rising to 3.5 to 5 years if a weapon is displayed, and higher still if injuries result.
How the Criminal Process Unfolds
- Arrest and police custody: the accused is informed of the charges and their rights under Article 520 of the Criminal Procedure Act, including the right to remain silent and to legal assistance.
- Court appearance (comparecencia): within a maximum of 72 hours, the accused is brought before an investigating judge, who decides on pre-trial measures — release, conditional release, or pre-trial detention.
- Instruction phase: the investigating judge gathers evidence, hears witnesses, and reviews CCTV, forensic and victim statements.
- Trial: depending on severity, the case is heard by a single judge (Juzgado de lo Penal) or a panel (Audiencia Provincial) for the most serious robbery charges.
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Courts and Police Units That Handle These Cases
Robbery investigations in Spain are typically led by local police (Policía Local), the Policía Nacional judicial police units, or the Guardia Civil in rural areas. Cases are prosecuted before the relevant Audiencia Provincial, with RINBER regularly representing clients before the courts in Málaga, Madrid and Marbella, as well as coordinating defence across other Spanish provinces when clients are arrested while travelling.
Building a Strong Defence
Robbery cases often turn on details that a specialist defence lawyer can challenge effectively:
- Classification challenge: arguing the facts amount to theft (hurto) rather than robbery (robo), which can cut the potential sentence dramatically.
- Chain of custody and identification: challenging unreliable eyewitness identification, poor-quality CCTV, or breaks in the evidentiary chain.
- Absence of violence or intimidation: disputing whether the level of force used actually meets the legal threshold for violencia o intimidación.
- Mitigating circumstances: restitution of stolen property, lack of prior record, or cooperation with authorities can support a reduced or suspended sentence.
- Procedural defects: unlawful searches, defective arrest procedures, or failures to properly inform the accused of their rights can render key evidence inadmissible.
Why Acting Quickly Matters
The first hours after an arrest are decisive. Statements made without legal advice, evidence gathered before a lawyer can intervene, and decisions taken at the initial court appearance all shape the rest of the case. English-speaking defendants — often unfamiliar with Spanish criminal procedure — are especially vulnerable if they face these first hours without a lawyer who can explain their rights in a language they understand.
What is the difference between robbery and theft in Spain?
Theft (hurto) involves taking property without force or violence. Robbery (robo) requires either force against objects (breaking in) or violence/intimidation against a person — and carries significantly heavier penalties.
Can I get bail or be released while the case proceeds?
Yes. Pre-trial detention is not automatic. A skilled defence lawyer can argue for conditional release based on ties to the community, lack of flight risk, and absence of a criminal record.
What happens if I am a foreign national with no permanent address in Spain?
Lack of a fixed address in Spain increases the perceived flight risk, making pre-trial detention more likely unless the defence can present strong guarantees — such as surrendering a passport, posting bail, or having a Spanish-based sponsor.
How long does a robbery case typically take to resolve?
Simple cases can resolve within months via a plea agreement (conformidad), while contested cases before the Audiencia Provincial can take one to two years to reach trial.
Javier Rincón Bernal
Over 25 years of criminal defence. High-profile cases covered by TVE, Antena 3 and La Sexta, and appeals before the Supreme Court.
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