SEARCH OF LEGAL DOMICILES AND ESTABLISHMENTS OPEN TO THE PUBLIC
The breaking and entering of the domicile of legal entities and of establishments open to the public is a serious crime under Article 203 of the Criminal Code. This offense is committed when a person enters, without the consent of the owner, the domicile of a legal person, professional office, office or premises open to the public outside the permitted hours.
The penalty for this offense can range from imprisonment of 6 months to 1 year, to fines of 6 to 10 months, depending on the circumstances.
What is a home invasion of a legal entity?
The search of a legal entity constitutionally protects those physical spaces that are indispensable for the development of the company’s activity, such as the management center or the places where confidential documents are stored.
This has been established by the Supreme Court in STS No. 89/2022 of February 4. In addition, some courts, such as the Provincial Court of Seville, require the perpetrator to act with the specific intention of violating privacy in order for this crime to be appreciated, differentiating it from breaking and entering.
Legal consequences of breaking and entering of legal domiciles and establishments open to the public
Attenuated mode:
The Penal Code also provides for an attenuated version of the crime of breaking and entering a legal domicile. This occurs when a person stays in the domicile of a legal entity or commercial establishment outside the opening hours, without the owner’s consent. In these cases, the applicable penalty is a fine of 1 to 3 months.
Aggravated modalities:
The breaking and entering of an establishment open to the public or a legal domicile is aggravated if violence or intimidation is used, which can lead to imprisonment from 6 months to 3 years. In addition, if the perpetrator is an authority or public official acting outside the cases permitted by law, the penalty includes imprisonment in its upper half and absolute disqualification from 6 to 12 years.
What is a home invasion of a legal entity?
Home invasion of legal entities is the crime that occurs when someone enters without permission into the physical space of a company or entity, such as offices or commercial premises, outside the permitted hours or without the corresponding authorization.
What is the difference between breaking and entering a legal domicile and breaking and entering?
Breaking and entering refers to the violation of the privacy of a space used for business or professional activities, while breaking and entering involves the intrusion into a dwelling or personal residence.
What are the penalties for breaking and entering?
Penalties can range from 6 months to 1 year imprisonment and fines from 6 to 10 months. In aggravated cases, such as the use of violence or intimidation, the penalty can be 6 months to 3 years imprisonment.
What is considered an establishment open to the public in the context of the search?
A search of an establishment open to the public is any place accessible to the general public during certain hours, such as stores, restaurants, or commercial premises. Trespassing in these spaces outside their hours of operation may constitute a crime.
How is the crime of breaking and entering a legal domicile aggravated?
The offense is aggravated if violence or intimidation is used when entering the legal domicile or establishment. It is also aggravated if the perpetrator is an authority or public official acting outside the legal limits, which may increase the penalties to imprisonment in the upper half and include absolute disqualification from 6 to 12 years.
What should a legal entity do if it is the victim of a home invasion?
If a legal entity is a victim of home invasion, it should contact a specialized criminal lawyer to evaluate the case and file a complaint with the competent authorities.
Is it necessary to prove intent to violate privacy in order for there to be an invasion of a legal domicile?
In some cases, it is necessary to prove specific intent to infringe privacy, as some courts have pointed out. This intent is considered a necessary subjective element for this crime to be committed, unlike breaking and entering.