Breaking and entering

The crime of breaking and entering is regulated in article 202 of the Penal Code, which is contained in the chapter on breaking and entering, the domicile of legal persons and establishments open to the public.

The criminally reprehensible conduct consists of entering another’s dwelling or remaining in the same against the will of the inhabitant. The main issue in this type of crime is to determine what is a dwelling and what is not. A dwelling is un- derstood to be the place where a person resides and, therefore, carries out his or her private life. The Constitutional Court has given a more concrete concept of it, by pointing out that it is that space in which the individual is free from social customs and conventions, exercising his or her most intimate freedom.

The penalty for carrying out the conduct of breaking and entering is six months to two years. However, if the conduct is carried out with violence or intimidation, the penalty shall be imprisonment for a term of one to four years and a fine of six to twelve months.