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Is breaking and entering an inhabited house a crime?

Criminal Law
Is breaking and entering an inhabited house a crime?
Is that a crime?

Burglary is a crime committed by entering a person's home or premises without his or her consent or by staying against his or her will. A dwelling is any space where a natural person resides or where a legal person has its domicile, and which constitutes activities of private life.

What does the Spanish Constitution say about Burglary?

The Spanish Constitution recognizes the inviolability of the home: "The home is inviolable. No entry or search may be made in it without the consent of the owner or a judicial decision, except in the case of flagrante delicto".

What is the crime of breaking and entering?

The crime of breaking and entering is regulated in the Criminal Code, which establishes that a person who enters another's dwelling without living in it, or who remains in it against the will of the dweller (the person who lives in that home) will be punished with the penalty of 6 months to 2 years.

What are the requirements for Burglary?

-That the person who commits the crime enters the home without the consent of the person who lives there.

-To remain at home without the consent of the dweller.


When a thief or a person outside our inner circle enters our private home without our consent, he is committing a crime of breaking and entering. The crime begins to occur from the moment that the person does not have our consent to enter the private property, therefore, it is not always necessary the use of force or violence.

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