Crimes against property in Venezuelan Criminal Law

Crimes against property are contemplated in our Penal Code from article 451 and the following. Among these illegal acts are:

• Chapter I: Theft

• Chapter II: Robbery, extortion, and kidnapping.

• Chapter III: Fraud and other fraud.

• Chapter IV: Misappropriation.

• Chapter V: Use of things from crime (reception).

• Chapter VI: Usurpations.

• Chapter VII: Damages.

However, many doctrinaires have classified crimes against the property from different angles:

Carmignani groups crimes against property into three categories: crimes against immovable property, crimes against movable property, and crimes against livestock things.

Grisanti points out that crimes against property can have material objects, personal property, or livestock (for example, theft). Other crimes against property can fall on furniture, real estate, and livestock (for example, fraud, as well as damage). Livestock, on the other hand, are movable things.

Carrara classifies crimes against property according to the purpose pursued by the culprit (cause to commit a crime) and divides them into two groups: those that come from greed for-profit and those that come from a spirit of revenge.

Giuriati distinguishes between two classes of crimes against property: those that predominantly offend movable property (theft, robbery, extortion, ransom, truffles, misappropriation, and receiving) and those that predominantly offend real estate usurpations and damages).

Going back to what is contemplated within the Venezuelan Penal Code, we then have that not only is the property right considered, but also the possession of the real right, and the obligations that derive from it.

When we refer to property, we are dealing with a criminally protected legal asset, made up of assets that can be valued economically, which may belong to a natural or legal person. This type of crime not only damages a real right but also violates personal rights, such as life, liberty, honor, among others.

It should be noted that not all crimes against property are included in Title X of the Second Book of the Penal Code, but we will have other crimes against property that are contemplated in other articles of the aforementioned Code, such as embezzlement ( art.194) and concussion (art. 195). In the same order of ideas, we have crimes against public property, fraudulent and negligent bankruptcies (art. 342, 343), crimes against public faith, fires and other damage (art. 344 and following), crimes related to the check (494 of the Commercial Code), usury (Decree Number 247, Law on the repression of usury).

Many of the crimes against property are part of what is known as a black figure since many are not reported to the authorities. They are usually crimes committed in pairs or groups.

Abogada María Alejandra Tuozzo M.