Offenses against the right to property

Forcing someone, through violence or intimidation (including via messages, social media or leaflets), to pay, hand over property or do something that harms their assets. It is more serious, for example, if the victim is a minor or over 65, if there are threats of death or kidnapping, or if it is ordered from a prison.

Penalty: 3 to 5 years in prison and a fine of 20 to 24 basic salaries; 5 to 7 or 7 to 10 years depending on the aggravating circumstances.

Art. 185 COIP

Deceiving another person, by inventing false facts or hiding true ones, so that they do something that harms their assets and the offender gains a benefit. For example, using cloned or stolen cards, tampering with ATMs, or deceiving someone through a fictitious company.

Penalty: 5 to 7 years in prison; 7 to 10 if there are more than two victims, the loss reaches 50 basic salaries, or it is committed through a financial institution.

Art. 186 COIP

Keeping money or property, or using it for another purpose, when it was handed over on the condition that it be returned or used in a specific way. It also includes filling in a document someone else signed in blank in order to harm them.

Penalty: 1 to 3 years in prison.

Art. 187 COIP

Tampering with meters or making direct hookups to use electricity, water, gas, fuel or telecommunications without paying, or manipulating their installations. Selling or providing these services without legal authorization is also punished.

Penalty: 6 months to 2 years in prison; 1 to 3 years for offering or selling these services without authorization.

Art. 188 COIP

Taking someone else's property through threats, violence or force, before, during or after the act. It is more serious, for example, if weapons or drugs are used to subdue the victim, if serious injuries are caused, or if public property or weapons are stolen.

Penalty: 3 to 5 years in prison if force was used only on objects; 5 to 7 if there was violence against people or weapons; higher depending on the case, and 22 to 26 years if it causes a death. A fine also applies.

Art. 189 COIP

Taking someone else's property without permission, but without violence, threats or force. The value of what was taken is considered when setting the penalty.

Penalty: 6 months to 2 years in prison; if public property is involved, the maximum increased by one third.

Art. 196 COIP

Taking one or more head of livestock (horses, cattle, pigs or sheep). It also includes altering or forging the brands, marks or tags that identify the animals in order to keep them.

Penalty: 1 to 3 years in prison; 3 to 5 if force was used, 5 to 7 if violence was used, and 22 to 26 if a person dies as a result.

Art. 199 COIP

Unlawfully taking away from another person the possession or use of land, a house or other real estate, or rights over it such as usufruct or an easement.

Penalty: 6 months to 2 years in prison; 1 to 3 if there was intimidation or violence.

Art. 200 COIP

Hiding, keeping, transporting, selling or passing on goods or animals while knowing they come from theft, robbery or livestock rustling.

Penalty: 6 months to 2 years in prison.

Art. 202 COIP

Destroying, disabling or damaging property that belongs to someone else. It is more serious, for example, if public or historic or cultural property is damaged, if fire, toxic substances or explosives are used, or if someone's home is destroyed.

Penalty: 2 to 6 months in prison; 1 to 5 years depending on the circumstances, and 5 to 7 if explosives are used against buildings.

Art. 204 COIP

Faking insolvency or bankruptcy, personally or on behalf of a company, to avoid paying creditors. It also applies to executives who, knowing the company is insolvent, allow it to issue or offer securities to the public.

Penalty: 3 to 5 years in prison; if the company is convicted, permanent closure and a fine of 50 to 100 basic salaries.

Art. 205 COIP

Causing or handling a bankruptcy through deceit to harm creditors, for example by hiding assets. The merchant found guilty is punished and, if a company goes bankrupt, so are the directors, managers or accountants who cooperate.

Penalty: 1 to 3 years in prison for the merchant; 3 to 5 for directors or accountants of a company.

Arts. 207 and 206 COIP

Knowingly infringing registered trademarks or patents for profit and on a commercial scale. For example, making or selling labels bearing someone else's brand, refilling branded containers with fake products, or selling patented products without authorization.

Penalty: 6 months to 1 year in prison, forfeiture of the goods and a fine of 8 to 300 basic salaries.

Art. 208A COIP

Knowingly infringing copyright on a commercial scale. For example, presenting someone else's work as your own, selling pirated copies of music, films or books, or retransmitting TV signals without authorization or selling devices to decode them.

Penalty: 6 months to 1 year in prison, forfeiture and a fine of 8 to 300 basic salaries.

Art. 208B COIP