The Congress of Deputies has given the green light to the reform of the Penal Code that toughens penalties for repeat offenders in theft crimes, a measure that fully affects police and judicial activity in urban areas such as Barcelona, Girona, and Tarragona. The modification, approved on February 12, introduces relevant changes in the prosecution of these crimes, especially in areas with a high incidence of theft of mobile phones and electronic devices.
New penalties for repeat offenders and mobile phone theft
The reform modifies article 234 of the Penal Code and establishes that those who have been previously convicted of three theft offenses may face prison sentences of one to three years, regardless of the value of the stolen objects. This change directly affects the usual procedures of the Mossos d'Esquadra and Local Police, who often face repeat offenders in districts such as Ciutat Vella or Eixample.
Furthermore, article 235 incorporates a specific aggravating factor for the theft of mobile phones and electronic devices that may contain personal data. The theft of these devices may carry prison sentences of between one and three years, a novelty that responds to the increase in this type of crime in public spaces and metropolitan transport.
Recidivism and European convictions
The reform redefines the concept of recidivism in article 22 and adjusts the rules for determining and suspending sentences in articles 66 and 80. The objective is to guarantee coherence with the new aggravated assumptions and avoid legal loopholes in the application of convictions.
It is also foreseen that final convictions issued in other European Union Member States may be taken into account for recidivism. This aspect is especially relevant in cities with high international mobility and a presence of foreign citizens, as is the case in Barcelona and its metropolitan area.
ICAB Participation in the Reform
The Illustrious Bar Association of Barcelona has played a decisive role in the technical drafting of the reform. Criminal lawyers from the city of Barcelona such as Emilio Zegrí, Jorge Navarro and the rest of the members of the ICAB's Regulatory Commission, under the responsibility of deputy Octavio Gracia Chamorro, have actively participated in the process.
Currently, the dean of the ICAB is Cristina Vallejo Ros, the vice-dean is Jorge Navarro, and the secretary is Carles García Roqueta. The joint work of these professionals has been key to adapting criminal regulations to the needs identified in the courts and police stations of the province of Barcelona.
Pending procedure in the Senate
The reform, after its approval in Congress, must now go through the Senate. It is expected to receive the backing of the liberal-conservative majority and the Catalan group Junts, which would facilitate its entry into force in the coming weeks.
The new legal framework will mean a significant change in the judicial response to repeat theft and the theft of electronic devices, a phenomenon that particularly affects the central and tourist neighborhoods of Catalonia.