The recent DANA in the Valencian Community has left severe flooding and damage to infrastructure and properties, also creating insecurity in some areas. In the midst of chaos and catastrophe; the vulnerability generated by material damage and the evacuation of certain spaces, more than 39 arrests have been reported for looting businesses in shopping centers, taking advantage of the lack of surveillance and abandonment.
These incidents further complicate the emergency situation and mobilize security forces to protect both people and property and restore order in the affected areas.
Below, we will explain the criminal consequences that those arrested for looting businesses during the catastrophe could face.
What criminal liability does looting businesses and homes during a humanitarian crisis carry?
Article 235 of the Criminal Code sets forth a series of aggravating factors, among which is taking advantage of a situation of vulnerability or abandonment, or the occurrence of an accident, risk or general danger that has weakened their defense or facilitated the impunity of the crime.
This provision of article 235 applies to natural disasters or accidents, where the perpetrator takes advantage of a misfortune to commit theft with certain impunity.
While many Spaniards were helping those who lost everything, the Police arrested people who had taken advantage of the situation to appropriate jewelry, televisions, alcohol
Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.