Our law distinguishes between simple theft and aggravated theft. The Criminal Code lists 7 aggravations of theft therefore making the punishment harsher. Theft may be aggravated by:
7. Nature of the thing stolen
Ar cle 262(1) of the Criminal Code says that theft is aggravated if it is accompanied by homicide, bodily harm, or confinement of the person, or with a wri en or verbal threat to kill (such threat must be effective and been influential on the victim’s mind), or to inflict bodily harm or to cause damage to property. It is also aggravated if the thief is armed or if the thieves even if not armed present themselves in a number of more than two. The law mentions that there is moreover another aggrava<on when a person is searching (‘scouring’) the countryside and carrying arms, or forming part of an assembly, shall be a written or verbal threat, cause to be delivered to him the property of another. This last aggravation however is not frequently applied.
Theft can also be aggravated by means, that is, by the way it is done. Ar cle 263 of the Criminal Code says that theft is aggravated by means:
1. When it is commi ed with internal or external breaking, with false keys or by scaling (climbing). The term ‘breaking’ includes any demolishing, burning, forcing down etc of any wall, padlock, door or thing intended to prevent entrance into any dwelling-‐house, or other place or enclosure . 2 2. When the thief makes use of any painting, mask or thing covering the face, or any other disguise. Or when in order to commit the theft, he dresses up as a civil or military officer or uses a fictitious order purporting to be issued by any public authority. This aggravation applies even if such disguise did not ultimately contribute to facilitate the theft, or to conceal the perpetrator of the theft. What is important is that this disguise makes you unrecognisable.
Ar cle 267 says that “theft is aggravated by amount when the value of the thing stolen exceeds €232.94”. According to Ar cle 279, for punishment purposes, if the theft is more than €2329.37, the theft is still aggravated but the punishment duly increases.
Ar cle 268 says that theft is aggravated by person when it is commi ed: 1. By a servant to the prejudice of his master in his capacity as a servant. The term servant includes every person employed. 2. By any guest or any person in his family, in the house where he is receiving hospitality, to the prejudice of the host or his family. 3. when it is committed by any hotel-‐keeper, inn-‐keeper, driver of a vehicle, boatman in places where they perform their services; and also when it is commi ed in any of these place (i.e. hotels, inns, vehicles or boats). 4. when it is commi ed by any employee in the workplace where he has access by reason of his trade, profession or employment
Article 269 tells us that theft is aggravated by ‘place’ when it is committed: 1. in any public place des<ned for worship 2. in the hall where the court sits and during court si ng 3. in any public road in the countryside outside inhabited areas 4. in any store or arsenal of the Government, or in any other place for the deposit of goods or pledges des<ned for the convenience of the public 5. on any shop or vessel lying at anchor 6. in any prison, or other place of custody or imprisonment 7. in any dwelling-‐house or appurtenance thereof
Article 270 says that theft is aggravated by <me when it is commi ed at night, that is, between sunset and sunrise.
(7) Nature of the thing stolen
Ar cle 271 says that theft is aggravated by the nature of the thing stolen:
1. when it is commi ed upon things exposed to danger, whether by their being cast away or removed to safety, or by their being abandoned on account of urgent personal danger arising from any grave public calamity (e.g. fire, the falling of a building etc).
2. when it is commi ed on beehives
3. when it is committed on any kind of scale, in any pasture-‐ground, farmhouse or stable
4. when it is commi ed on things essen<ally required for naviga<on
5. when it is commi ed on any net or other things used for the purpose of fishing
6. when it is commi ed on any ar<cle of ornament or clothing on the person of any child under the age of 9 years
7. when it is commi ed on any vehicle in a public place or a place accessible to the public, or any part or accessory, or anything inside such vehicle
8. nuclear material
9. public records contained in the national archives