For some time now we have been witnessing a wave of robberies of all kinds in the city of Barcelona. However, due to the economic magnitude of the fact, the thefts of luxury watches that take place in the tourist areas of the city as well as in the doors of the hotels. We have several graphic testimonies running on the Internet that give account of the situation: Theft of watch at the door of hotel in Barcelona; theft of lamorghini watch.
The thefts of high-end watches in Barcelona have increased worryingly in recent years. Tourists and residents wearing luxury watches such as Rolex, Patek Philippe, Richard Mille, Audemars Piguet or Hublot have become frequent targets of organized gangs that act with violence and speed.
In this article we explain:
- What penalties does the Spanish Penal Code contemplate for this type of crime?
- What happens when a criminal organization intervenes.
- How a criminal lawyer in Barcelona can help you if you have been a victim.
What are the penalties for luxury watch theft in Spain?
In the case of thefts of luxury watches, we usually speak of robbery, because it seems complicated to commit the act without a minimum of violence, however, theft cannot be ruled out in forensic practice. We have seen thefts of high-end watches in which the perpetrator, with great skill, has been able to get hold of the watch without the owner, still wearing it, even realizing it.
The basic type of robbery with violence or intimidation is regulated in article 242 of the Spanish Penal Code, and is punishable with prison sentences of 2 to 5 years.
However, in these cases, given the high value of the property, the aggravated subtype provided for in article 242.2 PC by reference to the aggravated subtypes of theft in article 235.1 PC may be applicable:
Aggravated robbery with violence (art. 242.2 PC)
“When the robbery is committed with violence or intimidation and any of the circumstances of Article 235 concur, a prison sentence of three years and six months to five years shall be imposed.”
Article 235.1 PC (aggravating circumstances of theft) includes, among others:
- The theft of things of artistic, historical, cultural or scientific value.
- The special seriousness of the damage caused or the value of the stolen goods.
- The use of minors or persons with disabilities to carry out the act.
- Recidivism of the perpetrator.
On the other hand, it is not possible to ignore the generic aggravating circumstances applicable to all crimes, as provided for in Article 22 PC:
- Committing the crime in disguise or using weapons.
- Acting with malice aforethought (e.g., surprise attack that prevents defense).
- Acting with abuse of trust or superiority.
- Committing the crime in an organized group or multi-recidivism.
In addition, when it is proven that the perpetrators belong to an organized gang or criminal structure, an aggravating circumstance for criminal organization regulated in article 570 bis is applied, which can add up to 8 additional years of imprisonment depending on the involvement/hierarchy in the organization and seriousness of the crime. A criminal organization is defined as a structured and hierarchical group, with distribution of functions and will of permanence, which acts in a coordinated manner to commit crimes. This circumstance aggravates the criminal liability of the perpetrators and requires careful legal analysis from the initial phase of the procedure.
Why is it key to have a criminal lawyer from the beginning?
Having the assistance of an experienced property crime lawyer from the very beginning can make the difference between a favorable resolution or impunity for the crime.
Here’s why:
1. Drafting of the criminal complaint in a precise and strategic manner.
A specialized criminal lawyer helps you:
- Draft the complaint with legal accuracy, including details that fit with the applicable criminal types.
- Include indications of organized action, which may change the qualification of the crime.
- Request investigative measures from the outset (images from security cameras, witness identification, geolocation, etc.).
2. Luxury watch insurance or travel insurance
Many owners of high-end watches have private insurance or travel insurance. The lawyer can help you:
- Verify the coverages applicable to the claim.
- Manage the claim with the insurance company, including the provision of police or court documents.
- Claim the value of the stolen watch or its updated equivalent.
3. Constitution as private prosecution in criminal proceedings
Acting as a private prosecutor allows the victim:
- To have full access to the judicial proceedings.
- Propose evidence, request precautionary measures (seizures, preventive detention), and prevent the case from being filed.
- Claim compensation for damages.
4. Integral follow-up of the judicial proceeding
A criminal lawyer is active at all stages:
- Instruction, fast-track trials or summary proceedings.
- Negotiations with the Public Prosecutor’s Office (possible conformities).
- Claim for civil or criminal liability.
- Representation in oral proceedings and appeals if necessary.
Have you been a victim of a luxury watch theft in Barcelona? We can help you
In our criminal law firm in Barcelona we offer:
- Immediate assistance in Spanish, English or French.
- Integral defense for victims of violent and patrimonial crimes.
- Experience in private prosecution and coordination with insurance companies.
- Technical rigor, personalized attention and transparency.
Contact us today if you have suffered a luxury watch theft. We’ll help you get back what’s yours and get justice.
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