Legal Definitions - hurto

Hurto is a term used in Spanish law that refers to the act of taking someone else's personal property without their consent and with the intention of permanently depriving them of it, but without the use of violence, intimidation, or force against a person or property. It is essentially the equivalent of theft or larceny in legal systems based on English common law, specifically distinguishing it from robbery, which involves force or the threat of force.

Here are some examples to illustrate the concept of hurto:

• Example 1: Shoplifting

  A customer in a supermarket discreetly places a package of gourmet cheese into their bag and walks out of the store without paying for it. The store security cameras capture the act, but no force or threat was used against any employee or to overcome any security measures.

  This is an example of hurto because the cheese was taken from the store without permission, with the clear intent to keep it without paying, and no violence or intimidation was employed against anyone during the act.

• Example 2: Pickpocketing

  While riding a crowded bus, an individual skillfully slips their hand into another passenger's backpack and removes their wallet without the victim noticing the act until much later.

  This situation demonstrates hurto because the wallet was taken without the owner's consent and with the intention of permanent deprivation. Crucially, no physical force or threat was used against the victim, nor was there any struggle or confrontation during the taking.

• Example 3: Taking Unattended Property

  A person walks past a café and sees a laptop computer left unattended on an outdoor table while the owner has stepped inside to order. The person quickly grabs the laptop and walks away, intending to sell it.

  This scenario qualifies as hurto because the laptop was taken without the owner's permission, with the intent to permanently keep or dispose of it, and no violence or intimidation was involved in the act of taking the property.