The breaking and entering of the premises of legal entities is the crime that occurs when someone enters without permission the physical space of a company or entity, such as offices or commercial premises, outside of permitted hours or without the corresponding authorization.
Offences against privacy
Search and seizure of legal domicile and establishments open to the public
Unlawful entry into the premises of legal entities and establishments open to the public is a serious crime under Article 203 of the Spanish Penal Code. This crime is committed when a person enters, without the owner’s consent, the premises of a legal entity, professional office, or other establishment open to the public outside of permitted hours.
The penalty for this crime can range from imprisonment of 6 months to 1 year, to fines of 6 to 10 months, depending on the circumstances.
Regarding the search of legal domiciles and establishments open to the public
The violation of a legal domicile refers to the violation of the privacy of a space intended for business or professional activities, while the violation of a dwelling implies the intrusion into a home or personal residence.
Penalties can range from 6 months to 1 year in prison and fines of 6 to 10 months. In aggravated cases, such as the use of violence or intimidation, the penalty can be from 6 months to 3 years in prison.
A burglary of a business open to the public is any place accessible to the general public during certain hours, such as shops, restaurants, or commercial premises. Breaking into these spaces outside of their operating hours may constitute a crime.
The crime is aggravated if violence or intimidation is used when entering the legal residence or establishment. It is also aggravated if the perpetrator is an authority or public official acting outside the bounds of the law, which can increase prison sentences by half and include absolute disqualification from holding public office for 6 to 12 years.
If a legal entity is the victim of a home invasion , it should contact a specialized criminal lawyer to assess the case and file a complaint with the competent authorities.
In some cases, it is necessary to prove the specific intent to violate privacy, as some courts have indicated. This intent is considered a necessary subjective element for this crime to be established, unlike trespass .