Everything you need to know about the crime of theft in Chile
Introduction
Theft is a crime that threatens personal property and personal property.
This article addresses the different types of thefts established by the Chilean legislature, the penalties associated with them, and the aggravating circumstances, among others. It is important to highlight that the legislation has toughened the penalties that attempt against property, so it is essential to know each of the edges related to said crime. A Complete Guide On What Is Larceny
1. What is theft?
According to article 432 of the Penal Code, the crime of theft consists of the appropriation of another’s movable property carried out against the will of its owner, with the intention of making a profit and without violence and intimidation in people or things.
2. Types of theft and their associated penalties
The penal code has established different types of theft explained below.
2.1 Simpletheft
The crime of simple theft consists of the appropriation of someone else’s movable property, without the will of its owner, carried out for profit and without the circumstances that the law defines as a force in things or violence and intimidation in people. It is essential to point out that the thing must be capable of being valued in money. According to the above, what is protected through this crime is basically the ownership or possession of personal property.
A clear example of simple theft is found when a person goes to a commercial store and proceeds to steal clothes or species from it. It is considered theft because it does not exert force or intimidation on people, but instead removes a piece of furniture from the sphere of protection of its owner without the owner’s authorization.
The penalty for this crime is determined by the value of what has been stolen, as established in article 446 of the Penal Code.
The perpetrators of theft will be punished:
- With minor imprisonment in its medium to maximum degrees and a fine of 11 to 15 UTM, if the value of the stolen thing exceeds the amount of 40 UTM.
- With minor imprisonment in its medium degree and a fine of six to ten monthly tax units, if the value exceeds 4 UTM and does not exceed 40 UTM.
- With minor imprisonment in its minimum degree and a fine of 5 UTM, if it exceeds half a monthly tax unit and does not exceed 4 UTM.
If the value of the stolen thing exceeds 400 UTM, the penalty of minor imprisonment will be applied in its maximum degree and a fine from 21 to 30 UTM.
Below is a table with the penalties and fines that a person who commits the crime of theft risks. As you can see, the value of the stolen thing is strictly related to the penalty.
2.2. aggravated robbery
Aggravated robbery is a type of simple robbery that is committed when there is a breach of trust. According to the foregoing, the penalty increases when it is proven that a theft was committed under the hypotheses established by law.
This is regulated in article 447 of the Penal Code and in very serious cases the penalty for theft could reach that of a crime (greater than 5 years and one day), if the value of the stolen thing exceeds 400 UTM.
Article 447, it indicates in the cases of article 446 the penalty immediately higher in degree may be applied:
- If the theft is committed by a dependent, servant, or salaried servant, either in the house where he works or in the one to which he was taken by his master or employer (“Famulato” or domestic theft).
- When the theft is committed by a worker, official, or apprentice in the house, workshop, or warehouse of his teacher or the person for whom he works, or by the individual who usually works in the house where the theft was made.
- If it is committed by the innkeeper, innkeeper, or another person who hosts people in things that they have brought to the inn or inn (Innkeeper theft).
- When it is committed by the skipper or commander of the ship, boatman, train driver or storekeeper, warehouse keeper, carriage, cart driver, or muleteer in things that have been placed in his ship, car, warehouse, etc. (Theft of the carrier or storekeeper).
23. Famulato or domestic theft
This type of crime establishes that the penalty immediately higher in one degree can be applied if the theft is committed by the dependent, servant or salaried servant.
The penalty may be applied in the event that the person commits the theft in the house where he serves or in the house to which he was taken by his master or employer.
Although “dependent, servant or salaried servant” and “master or employer” are non-existent job categories today, these roles are replaced by “salaried worker or person who works at home” and “employer” as appropriate. It is important to emphasize that it is essential that the crime be committed in the indicated places. That is, in the house where you work or another as long as you are taken there by your employer, otherwise said aggravating circumstance cannot be applied.
2.4. factory theft
This type of theft is also known as theft by a worker, official or apprentice in the house, workshop or warehouse of his teacher or the person for whom he works, or by an individual who usually works in the house where he has stolen, even if he is not hired. permanently. An example of this figure could be that of the gardener who is not permanently hired but who performs his duties regularly in a house.
This figure is regulated in article 447 number 2 of the Penal Code. Where it is indicated that in the cases of article 446, the penalty immediately higher in degree may be applied.
2.5. theft of the innkeeper
This is regulated in article 447 number 3 and establishes that in cases of theft of article 446, the penalty immediately higher in degree may be applied if it is committed by the innkeeper, innkeeper, or another person who hosts people in things that have led to the inn or inn
Considering that many of the terms used do not respond to today’s society, such as the person who hosts people, they must also refer to things that are left in the rooms or places of lodging and not those that are delivered due to custody.
2.6. Theft of the carrier and the storekeeper
It is a type of theft committed by the skipper or commander of the ship, boatman, train driver or storekeeper, warehouse keeper, “carriage”, cart driver or muleteer in things that have been placed in his ship, car, warehouse, etc.
The penalty assigned to these crimes will depend on the value of what has been stolen to a degree. For example, suppose you steal a television from your employer’s house where you work, and its value varies between 4 and 40 UTM.
In this case, the penalty assigned in simple theft corresponds to 541 days to 3 years. However, as it is a type of aggravated theft, the penalty could increase by one degree, therefore, it would go from 3 years and one day to 5 years.
For more information, review numeral 4 of article 447 of the Penal Code, which states that in cases of theft of article 446, the penalty immediately higher in degree may be applied when this type of theft.
2.7. find theft
This is a crime very little known by society in general since it is commonly thought that finding lost things does not constitute a crime.
In this context, article 448 establishes that in order for the commission of this crime to be established, the following requirements must be met:
The penalty assigned to this crime ranges from 61 to 540 days, plus a fine of 5 UTM. On the other hand, paragraph 2 of the same article establishes that “anyone who finds species, apparently lost or abandoned, as a result of a shipwreck, flood, fire, earthquake, will also be punished with minor imprisonment in its minimum degree and a fine of 5 UTM.”, railway accident or other similar cause, whose value exceeds the amount mentioned in the previous paragraph, and I will not deliver them to the owners or to the authority in their absence.” Here we are also in the presence of theft of discovery but as a result of a catastrophe.
For example, there is a shipwreck and in order to stay afloat the ships have to get rid of their cargo, so they leave things in the sea. In this case, if someone finds these things and knows who the owners are and do not return them, they would incur this crime. The penalty set by law is 61 to 540 days plus a fine of 5 UTM.