Protect yourself against the rising tide of theft in rural Spain

SPANISH legislation is currently in the spotlight. Controversial ‘Only If’ legislation, designed to improve sentencing for sex offenders, based on clear consent, has given some convicts an early “get out of jail” card. This is because it allows for retrospective review of existing judgments, which was not the intention.. After a huge public outcry, it will be reformulated. Does Spain have other laws that do not do their job?

This is what the residents of rural Granada believe. In the thriving Alpujarra market town of Órgiva, a wave of petty crime is leaving residents frustrated. Most burglaries are caused by a couple of light-fingered people, breaking car windows and breaking into private property to steal whatever is lying around. A British woman, while enjoying a drink on the terrace of a bar, was offered items stolen from her own parked car.

The municipalities of Dúrcal, Cónchar, Cozvíjar and Otura, in the Lecrín Valley of Granada and surroundings, have reported similar problems. The mini-crime wave has reportedly skyrocketed since late 2022, perhaps fueled by the cost-of-living crisis, as well as drug addiction issues, in a region with limited mental health and rehab facilities.

Petty crime is considered “mild” in Spanish law

To the chagrin of the victims, the Spanish penal system contemplates the crime of heist – robbery without violence – as misdemeanor (minor offence). Theftusing force, it is more serious.

According to the penal code, judges release thieves immediately after their trial. Sometimes after leaving the courtroom they rob again the same day.

Francisco José Ortega Moreno, lawyer at AF Consulting, Motril, says: “With minor infractions, formerly known as minor crimes, there is no arrest. They only quote you for the speedy trial date and nothing else. In the most serious cases, unless it is a very serious crime, or there is a risk of flight, or elimination of evidence, the judge usually orders the release of the detainee on the same day of his appearance. All of this is included in the Penal Code and the Spanish Criminal Procedure Law”.

Not impressed with the details of the law, Órgiva residents recently petitioned their city council to find a solution, and on February 7 about 70 business owners and residents met with the mayor, security councilor, and local police. .

Suggestions included increasing police patrols in the area and neighborhood watch schemes. However, the allocation of police corresponds to the Junta de Andalucía, not to the municipal councils. How misdemeanors are considered level – unlike crimes of blood (violent crime) – and tend to be underestimated by victims anyway, statistics show “low danger” for resource provisioning.

disgust of complaint

Also, some Brits tell Olive Press they don’t like the current report because criminals can see who reported them, possibly leading to retaliation. Therefore, many people choose to remain silent.

And that’s not the only problem. If non-residents, such as holidaymakers, report crimes in Spain, they can be remembered as witness (witness) if you go to trial. Witnesses must attend at their own expense unless they present a valid reason not to fly, such as tickets for a coincidental holiday or major business event.

The Spanish judicial system can clearly be frustrating for everyone involved. Levi Gómez Acosta, Órgiva’s security councilor, and the local police officer, Antonio Muñoz, point out that “the procedures to report a theft of a 5e telephone cable from a car take the same time as the theft of a credit card.”

The mayor of Órgiva, Raúl Orellana, urges people to report, regardless of the paperwork. This sentiment is shared by Julio Prieto, mayor of Durcal, “so that it can be officially registered in the statistics.” The nearby towns of Padul, Cónchar, Cozvíjar and Otura are committed to the same effort.

The mayors are now asking the Subdelegation of the Junta de Andalucía for more resources to fight petty crime.

Protect yourself against theft:

How to protect your property

A common tactic with farms and farmhouses is to deter trespassers with “private property” and “beware of dog” signs. Some people have guard dogs that will, at the very least, bark and raise a racket if strangers approach.

Attorney Francisco José Ortega Moreno advises: “You are not required to put a ‘private’ sign on your property. The law is already the sign. The signal is just a reinforcement. The criminal code already sets the limits. However, I would recommend putting up a sign if you have a dog.”

It says that if your dog bites an intruder on your private property, you are not responsible. The intruder had no right to enter.

As for trespassers on country estates with driveway tracks, he adds: “There are driveways that are private, and you can block the driveway with a chain. Of course, anyone passing by can use it, although they shouldn’t. From a legal standpoint, it’s private property and they can’t use it.”

What happens if you retaliate?

About protecting her property in person, Fran says, “This is complex. There are books and books dedicated to this topic. In short, the answer is proportionality. It means that your response must be proportional to the aggression you are suffering. If you are being robbed with a knife, for example, it is disproportionate to shoot with a weapon.”

And he adds: “There must be a proportional relationship between your response and the aggression. And, of course, this is something for the judge to decide.”

Be careful, as there are many known cases of criminals reporting the intended victim.

Video-cameras

Spain’s CCTV rules are not entirely straightforward. To avoid problems, consult a specialized company.

Fran says: “There is no limit to filming within your property. Outside of your property, it is not allowed due to the protection of personal data”.

You shouldn’t film public spaces or your neighbor’s land. It is also forbidden to set up fake cameras to make a neighbor believe that you are recording them.

Before taking still images or recording video, the owner of the camera must register the device with the Spanish Data Protection Agency (AEPD). If you have CCTV cameras, you are legally required to post clearly visible signs informing passersby of the video surveillance.

How to protect your car

With auto crimes, it is necessary to apply common sense. When parking in city centers, fairgrounds, and notorious neighborhoods, a few simple rules apply.

Never leave the key in the ignition, do not leave the car doors open, and never leave bags, phones, laptops, or other valuables in the vehicle. Items that you cannot take with you should be hidden or stored in the trunk. Don’t leave vital personal paperwork or money in the glove box.

In cities, try to find a guarded parking lot. Even if it costs a few euros, it’s cheaper than dealing with stolen items or a broken window.

If there is no secure parking, find a space where there are a lot of people, not in hidden corners or quiet parking lots on the outskirts of town. At night, park under street lights or near all-night shops and take-outs. Another option is to park near the nearest Civil Guard barracks, where there is CCTV coverage.

READ MORE