スペインでの当局の地下鉄内や国鉄車内などでの集団スリ対策
Queda prohibido el robo en esta calle
Los jueces cercan a los carteristas con órdenes de alejamiento de la vía pública y transportes
No hay consenso sobre la legalidad y eficacia de esta medida
Solo es aplicable a delitos, no a faltas
J. A. Aunión 7 ABR 2014 - 21:17 CET
Patrullaje nocturno de de la Unidad de Prevención y Reacción (UPR) del Cuerpo Nacional de Policía. / KIKE PARA
Night Patrol Unit Prevention and Response (UPR) of the National Police. / Kike FOR
警察庁の夜パトロールユニット予防と対応(UPR)。 /キケFOR
Actuación de carteristas en el metro de Madrid
Performance of pickpockets on the subway in Madrid
マドリード地下鉄でスリのパフォーマンス
Distracción de un transeúnte para robarle.
Distracting a passerby to steal.
盗むために通行人を邪魔。
++++++++++++++++++++++++++++++++++++++++
Theft is forbidden on this street
Judges pickpockets surround with restraining orders public roads and transport
There is no consensus on the legality and effectiveness of this measure
Only applicable to crimes, not misdemeanors
J. A. Aunión 7 ABR 2014 - 21:17 CET
They come in groups. Cause a plug, collide , and assembled a small scandal , as he does not like things, just stealing the victim 's wallet in the confusion . These pickpockets are known as the clan of Bosnian and spent more than a decade stealing in the center of Madrid, in the subway or on the bus , using this technique ( called the cap ) and combining it with the tommy : arm are covered with a newspaper or jacket to not notice that they are reaching into a bag that is not theirs . These women, who have also committed crimes in Barcelona, have been arrested on numerous occasions , but he has returned to being on the road , since you are committing petty theft ( the stolen does not exceed 400 euros, barrier between ball and crime) without violence. But now, after I catch them robbing a tourist a portfolio containing 700 euros , a court in Madrid has been filed against four of them an interim restraining order preventing them from approaching the center of the capital ; specifically, the streets will not be walked on pain of imprisonment , are Bailen, Mayor, the Mayor and sleeps Cibeles , Paseo del Prado and the Carrera de San Jerónimo .
"Nobody likes it, but not as a theft is to put someone in jail "
The presence of pickpockets in the busiest tourist areas is an old problem, the authorities in several countries have come to warn its passengers to be very careful on your trip to Spain , and restraining orders to certain areas , one of measures used for years - sometimes at the request of police and prosecutors , to try to stop it . However, the issue raises questions from a legal point of view - what is the engagement of a measure affecting the free movement of people - from the ethical and ultimately on its effectiveness.
Regarding the first question, " the wording [ of the law] is too broad, so that the law is left to the judge ," says Victor Moreno Catena , Professor of Procedural Law at the Carlos III University . " In fact, these measures were born thinking about cases such as domestic violence ."
usual tricks
Performance of pickpockets on the subway in Madrid.
The plug . A group of thieves to form an agglomeration , in the confusion , stealing an object. For example , part of the group standing in front of the victim and another , behind , or on an escalator in the subway . The first , to get to the bottom of the stairs , they pretend to drop something to the ground, stopping to pick it up, forming the cap fail the person coming back for reaching into purse or pocket outside . Normally, the stolen passes to a different person .
The stain. A person spot the victim with ink , tomato ... A second lamparón and warns the other third, the Good Samaritan , offered to clean it with a tissue and then fail to steal .
The crutch . Is to bring the arm covered with a newspaper or a coat so that, for example, when the car is crowded and travelers are very tight, note that they are not reaching into the bag of someone.
The petition signatures. The person asking the victim about the firm for some worthy cause . If you do, the thief says goodbye with a hug , at stealing . At other times, the thieves signatures petitioners initiate a discussion with someone sitting on a terrace and , at some point, leave the folder on the phone that is on the table ; when the situation calms down , the device is carried by the folder.
Fake cops. A group of five or six thieves disguised as police make record to desavisada victim, usually a tourist unfamiliar with the clothing of the Spanish agents .
In fact, the Bosnian own clan was banned last year stepping on the subway and , shortly after , the Madrid Provincial Court shot down this decision , among other reasons, because there was disproportionate and a particular victim that protect . However, this Court's decision did not contain the key to why the measure was invalid , according to Manuel Cancio, Professor of Criminal Law at the Autonomous University of Madrid. " The articles of the Criminal Procedure Act and the Criminal Code that allow these measures speak literally of crimes, no fault , as is the case with most of these thefts ," he explains . One difference that distinguishes restraining order for Bosnian subway this now because the theft was over 400 euros , making crime.
And they have a difference in mind when asking for pickpockets departures in the Office of Barcelona, according to a spokesman , adding that in a few cases that amount is exceeded. Then , in either case , leaving open issues proportionality protect victims , etc. .
Despite the doubts , at least there about these decisions , which can be applied as a precautionary measure while a cause is instructed or later as part of the punishment - not only been applied and are dictating , but increasingly being expanded over the area of the veto. About five years ago , the first - the restraining orders were in Jaen, Valencia or shops or supermarkets Badajoz- related . From that time, and upon the request of the Autonomous Police and prosecutors in Barcelona that more similar resolutions were applied , began to dictate to prohibit the thieves enter into transportation like the subway ; in fact, just a few months ago, in October 2013 , a court sentenced two of Málaga pickpockets not closer than 500 meters from the city's airport ( stolen bag contained 2,000 euros).
And finally , the veto has come to the road: apart from the decision of the court of Madrid last month , a little less than one year, a judge banned Balearic seven women known as the claveleras closer to the center of Palma de Mallorca , the beach or the promenade : they used a very similar to the clan of Bosnian method , but in this case the sale of flowers was the method chosen to divert attention from the victim.
At this point , the debate goes a step beyond the letter and the interpretation of the law to enter the field of ethics , since it is a measure restricting freedom. From this point of view , Cancio stops at the idea of proportionality between the offense and the penalty . " I understand they are repeat offenders , but in the end , what is at issue is the possibility of putting these pickpockets in prison [which will occur if you break the restraining order ] . Nobody likes taking of his portfolio , have it removed or your partner , your children , but a theft , a foul has the severity it has and I think is not to lock up a person for years in prison " .
"Of course, something must be done ; is not acceptable that people who accumulate 400 arrests continue in committing crimes street, but be very careful with these measures affecting the freedom of movement , "says Moreno Catena , which also coincides with Cancio on the lack of effectiveness of these measures of estrangement, " the practical difficulty of enforcing this punishment" , even if the constraint refers to public. "It serves absolutely nothing . Theft is already banned and can not stop , because it either, " Cancio says.
Distracting a passerby to steal .
Not quite according police and prosecutors are claiming such measures . In Madrid, the Mobile Brigade of the National Police Agency said last year that crimes in the subway had been reduced by 40 % after the restraining order issued against the family of Bosnian , although shortly after the veto was overturned by the Court provincial .
"It's a deterrent ," says the head of research at Barcelona, Pere Pau Guillen inspector . Explain that this is a resource in which they have been implemented since its inception nearly a decade ago a specific drive against offenders in this kind of theft people. " Spain is a very safe country in general , but the tourist who steal a print of the portfolio takes brutal insecurity ," he adds .
In your case , says the specialist unit theft has been reduced by 18.3 % in Barcelona in the last five years of research to gather evidence against organized groups or , in the case of acting alone , to show that theft is their livelihood . Thus, the prosecution - " the key is that police, prosecutors and judges work together ," says Guillén - imprisonment may apply (eg 15 days ) instead of fine , said a spokesman for the Provincial Prosecutor Barcelona.
Restraining orders work in the case of metro- specialized in robbing transport " move " thieves - but both agents and prosecutors are clear that only can be used in the case of crimes , ie , when subtracted exceeds 400 euros of value , something that happens rarely . Also wary of its ban on the streets , as in this case is much more clearly affected deambulatoria freedom ; if someone can not travel by metro, you have other options to get somewhere . Yes, Guillen believes that , whether or not the streets, public spaces like parks veto is a way "that maybe I coviene explore." " Would it be positive? Of course , "he adds .
Spain is a safe country , but these sutracciones away tourism
The number of thefts increased in Spain between 2009 and 2012 by 18.5 %, from 8,413 to 9,975 , according to data from the National Statistics Institute , which brings together various types - of individuals to pickpockets subtractions in stores - and does not distinguish between felonies and misdemeanors . The truth is that crime statistics have been strongly criticized by academics , Professor of Criminology at the UNED Alfonso Serrano titled work , in 2011, Questionable reliability of police crime statistics in Spain , but have a common thefts strong impact on social perception , often regardless of the numerical reality.
The common heritage of the crime ( theft, robbery ... ) " has especially important how the feelings of public safety, conditioning a criminal policy , in response to the social alarm generated , has chosen a proportional response punitive "writes Marina Sanz- Díez , Professor of Criminal Law at the Universidad Rey Juan Carlos . It does so in an article published last year on the treatment of the recurrence of such crimes and offenses in the just warning against " excessive tightening of the penal response " , led by the alarm, front made of a low harmfulness . Moreover, he argues that the origin of this crime " is on the margins, ie the deficiencies in education; in poverty; unemployed ; or, drug [ ... ] . Therefore, a criminal policy that responds to the unique instrument of increased punishment, involves at least inequitable distribution of social cost . "
The professor Cancio , back to restraining orders of certain streets , recalls fear in some Latin American countries , in Córdoba ( Argentina ) or in some U.S. states , there is an administrative sanction against loitering , which allows authorities to select who goes through what sites . " Is that what you want here? " .
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