Robbery is one of the offences for which the largest number of foreign nationals are arrested in Spain each year, particularly in tourist areas such as those in Mallorca and Barcelona. Not all robbery scenarios carry the same risk of pre-trial detention, but the combination of potentially significant penalties with the usual absence of ties that characterises the tourist profile means that the risk is real and the defence response must be immediate.

Types of Robbery and Their Penalties Under Spanish Law

The Spanish Penal Code distinguishes several types of robbery with very different implications for pre-trial detention. Robbery involving force on property — Article 237 — carries sentences of between one and three years. Robbery with violence or intimidation against persons — Article 242 — has a base sentence of two to five years, which can rise to eight when a weapon is used, when the offence is committed in an inhabited dwelling, or when there are multiple perpetrators.

For pre-trial detention analysis, the critical threshold is the two-year maximum established by Article 503 LECrim. Robbery with force on property exceeds it, albeit narrowly. Robbery with violence or intimidation exceeds it clearly. And where aggravating factors are present, the pre-trial detention risk increases proportionally to the potential gravity of the conviction.

The Suspect’s Profile and Its Influence on the Judicial Decision

In robbery matters, the suspect’s personal profile has a particularly significant influence on the pre-trial detention decision. A tourist arrested in Mallorca in the early days of their holiday, with no known address in Spain, no verifiable background in the country and an imminent return flight, presents a profile that prosecutors exploit relatively easily to argue flight risk.

A resident with an employment contract, a stable address and family ties in Spain, by contrast, starts from a very different position. The defence can build that argument even where ties to Spain are recent or partial, provided the documentation is solid and presented at the right moment.

In robbery cases, the difference between pre-trial detention and release on alternative measures is not always determined by the gravity of the offence: it is frequently determined by the strength with which the defence establishes the suspect’s ties to Spain at the Article 505 hearing.

Alternatives to Pre-Trial Detention in Robbery Cases

In robbery cases — particularly where there are no significant aggravating factors — alternative measures to pre-trial detention have real scope for application. Passport surrender and a prohibition on leaving the country, combined with regular court appearances, is the proposal that most frequently succeeds in replacing pre-trial detention where the offence does not involve serious violence and the suspect can evidence some connection to Spain.

Voluntary surrender of the passport by the defence — before the prosecutor even requests it — conveys to the judge a cooperative attitude that has concrete procedural value. In many robbery cases with a tourist profile, that combination of voluntary gesture and structured alternative proposal is sufficient to tip the judicial decision towards provisional liberty.

Frequently Asked Questions

Can a tourist arrested for robbery in Mallorca be remanded in custody?

Yes, if the requirements of Article 503 LECrim are met. The absence of ties to Spain reinforces the flight risk argument. With a well-prepared defence that proposes viable alternatives — passport surrender, periodic court appearances — pre-trial detention can in many cases be avoided even in violent robbery scenarios.

What is the difference between robbery with force and robbery with violence for pre-trial detention purposes?

Robbery with violence or intimidation carries a higher base sentence and generates a higher risk of pre-trial detention. Additionally, where the violence is of some significance, the victim protection argument may be added to the flight risk argument. Robbery with force on property, being less serious, has more scope to be replaced by alternative measures.

Can the suspect’s attitude after arrest influence the pre-trial detention decision?

Yes. Cooperation with the authorities, not concealing relevant information, and above all voluntary surrender of the passport are factors the judge may weigh positively. They do not determine the outcome on their own, but they contribute to building the profile of a suspect who has no intention of evading the proceedings.