Aggravated theft - why turn to a lawyer?

Theft, as a complex offence, carries serious consequences, and this article is intended as an informative guide for you and for anyone facing such a situation.

While you are facing this charge, it is crucial to understand the nature of aggravated theft and what this offence means for your life. In what follows, we will look in detail at the offence of aggravated theft, examining how it is defined in law and how sentences are applied within our country's justice system.

How is aggravated theft defined?

Under our criminal law, theft is defined as "taking a movable asset from the possession or holding of another, without that person's consent, with the purpose of unlawfully appropriating it". This general definition is, however, supplemented by specific criteria setting out the circumstances in which theft becomes aggravated. Accordingly, under the Codul Penal (Criminal Code), theft may be regarded as aggravated in the following circumstances:

On a means of public transport
During the night
By a person who is masked, disguised or in fancy dress
By breaking in, climbing in, or by the unlawful use of a genuine key or a false key
By disabling the alarm or surveillance system

Theft may also be regarded as aggravated in the following specific situations:

Of an asset forming part of the cultural heritage;
By trespass upon a dwelling or professional premises;
By a person carrying a weapon.

The penalty for aggravated theft

The penalty for aggravated theft is a crucial element in understanding the legal consequences of this serious offence. Under the legislation in force, the penalty for aggravated theft varies and ranges between 1 and 10 years of imprisonment. The precise sentence depends on a number of factors, including the seriousness of the act and the specific circumstances in which it was committed.

Criminal law provides that, depending on the actual circumstances of the aggravated theft, the court may set a penalty in accordance with the law. Thus, the seriousness of the act and the presence of specific elements such as trespass upon a dwelling, the use of weapons or damage to assets of cultural importance may influence the length of the sentence imposed.

Examples:

Where the aggravated theft took place on a means of public transport, the penalty provided by law ranges between 1 and 5 years' imprisonment.

Where the aggravated theft involves trespass upon a dwelling or professional premises, the penalty may range between 2 and 7 years' imprisonment.

In the case of theft of components of an electricity network, the penalty set by law ranges between 3 and 10 years' imprisonment.

Settlement in aggravated theft cases

Following the legislative amendments introduced by Legea nr. 274/2020 (Law no. 274/2020), significant changes have been made regarding the possibility of settlement between the parties in theft cases. Under these amendments, settlement remains a viable option in cases of simple theft and theft of use. It should be stressed, however, that this alternative is no longer available for aggravated theft

The difference between theft and aggravated theft

Theft and aggravated theft are two distinct categories of offence, differentiated mainly by their seriousness and by the circumstances associated with each of them.

In the case of theft, the definition focuses on taking a movable asset without the owner's consent, with the intention of unlawfully appropriating it. The penalty for theft is generally less severe and may vary according to the value of the asset taken and the circumstances of the act. It may involve a fine or a term of imprisonment, depending on the seriousness of the case.

Aggravated theft, on the other hand, is a more serious form of offence, in which specific circumstances increase the gravity of the act. There are certain aggravating circumstances, such as theft committed on means of public transport, during the night, by breaking in, with trespass upon a dwelling, with the use of weapons, or theft of assets of cultural importance. Penalties for aggravated theft are usually harsher than those for simple theft, reflecting the scale of the danger or of the damage caused in those circumstances.

Aggravated theft committed at night

Aggravated theft committed during the night constitutes a special circumstance that adds a further degree of seriousness to the offence in question. Under the legislation, where aggravated theft takes place at night, the penalty provided ranges between 1 and 5 years of imprisonment.

Offences frequently accompanying aggravated theft

Aggravated theft does not always occur in isolation. In many cases it is examined together with other offences, depending on how the act was planned, the place entered, the means used, the origin of the assets and the subsequent conduct of the persons involved. For example, theft committed by entering a dwelling, professional premises or an enclosed space may also raise questions of trespass upon a dwelling or upon professional premises, while disposing of the stolen assets may lead to a charge of handling stolen goods. The precise classification depends on the evidence adduced and on the role of each person involved. The Codul Penal regulates aggravated theft in art. 229, and where theft is accompanied by violence or threats, the offence of robbery or aggravated robbery may also become relevant.

In practice, aggravated theft may be accompanied by offences such as:

Trespass upon a dwelling or professional premises, where entry is made unlawfully into a dwelling, yard, office, warehouse or other protected space.
Criminal damage, where doors, windows, locking systems, alarms, surveillance cameras or other property are forced.
Handling stolen goods, where a person receives, transports, conceals or sells goods knowing that they derive from a criminal offence.
Robbery, where the taking of the goods is accompanied by violence, threats or coercion of the victim.
Forgery and use of forged documents, particularly in cases concerning vehicles, proof-of-origin documents, invoices, transport documents or customs papers.
Setting up an organised criminal group, where the acts are committed in a coordinated and repeated manner, with clearly defined roles among the participants.
Smuggling, where goods are brought into or taken out of the country by evading customs control or in breach of the applicable customs regime.

Turn to a criminal defence lawyer!

Turn to a lawyer experienced in cases of aggravated theft because such a situation involves complex aspects of the legal system and calls for specialist expertise to protect your rights and ensure you obtain the best possible defence. Here are a few reasons why having a lawyer in such cases matters:

Knowledge of the law: A criminal lawyer is familiar with criminal legislation and has a thorough understanding of how it applies to aggravated theft. A detailed knowledge of the law enables the lawyer to identify and make use of any errors or inconsistencies in the charges.
Courtroom experience: A lawyer experienced in criminal law has practical knowledge of how the judicial system works. This includes familiarity with court procedures, the ability to bring relevant testimony and the capacity to argue effectively before the court.
Investigation and gathering of evidence: A lawyer is able to carry out an independent investigation and gather evidence capable of supporting your defence. This may include identifying witnesses, analysing the evidence and countering the evidence put forward by the prosecutor.
Negotiating better agreements: A lawyer is able to negotiate with prosecutors on your behalf in order to obtain more favourable agreements, such as a reduction of the charges or a lighter sentence. This can help minimise the legal consequences.
Protection of your rights: A lawyer can protect you against breaches of your constitutional rights, making sure that everything is conducted lawfully and that you are not subjected to unfair procedures or questioning.

If you are facing a criminal charge, our team at Buju, Stanciu & Asociații is here to give you the support you need. Contact us today by telephone or at our Bucharest office to arrange a consultation and begin building your defence!

Conclusions

In conclusion, aggravated theft is a serious offence with significant consequences, and a thorough understanding of the legislation and of the specific circumstances surrounding such a charge is essential.

With a sentence that may vary according to the gravity of the act, it is crucial to have an experienced legal team at your side to protect your rights and ensure you obtain the best possible defence.