Crimes against persons
In short
The offence of trespass in a dwelling (allanamiento de morada) is committed by a private individual who, without living there, enters another person’s dwelling or remains in it against the will of the person who lives there (article 202 of the Criminal Code). What is protected is not property but privacy: the space where a person lives their private life.
That is why the key lies in the concept of dwelling (morada). It is the person’s usual home, but the courts have also treated as a dwelling other spaces where someone lives, even temporarily, such as a second home in use or an occupied hotel room. Each case has to be analysed in detail.
Common situations in which this charge arises:
If the person entering is the partner or former partner of the person who lives in the home, the case may involve gender-based violence; we handle that situation at abogadaviolenciadegenero.com.
They are not the same. If the occupied property is not anyone’s dwelling (an empty home, commercial premises, a building), the offence is unlawful occupation (usurpación), punishable by a fine of three to six months (art. 245.2). If it is a home where someone lives, it is trespass in a dwelling, punishable by prison. We explain this in depth on our page on squatting and unlawful occupation.
| Conduct | Article | Penalty provided |
|---|---|---|
| Entering or remaining in another person’s dwelling against the occupant’s will | 202.1 | Prison from 6 months to 2 years |
| The above with violence or intimidation | 202.2 | Prison from 1 to 4 years and a fine of 6 to 12 months |
| Entering the premises of a company, professional practice, office or establishment open to the public outside opening hours | 203.1 | Prison from 6 months to 1 year and a fine of 6 to 10 months |
| Remaining in those places, outside opening hours, against the will of the owner | 203.2 | Fine of 1 to 3 months |
| Entering or remaining in those places with violence or intimidation | 203.3 | Prison from 6 months to 3 years |
| Acts committed by an authority or public official outside the cases permitted by law | 204 | Penalty for the offence in its upper half and absolute disqualification for 6 to 12 years |
In addition, the judge may impose a ban on approaching the victim or their home (art. 57), and the person convicted must compensate the harm caused. If a door was broken or something was taken on entry, the offences of criminal damage or robbery are added.
Since 3 April 2025, Organic Law 1/2025 allows trespass in a dwelling under article 202 to be dealt with through the speedy trial procedure (juicio rápido) where there is a police report and the person is arrested or summoned before the duty court (art. 795 of the Criminal Procedure Act, Ley de Enjuiciamiento Criminal). This means the case can be resolved within days before the Investigation Section of the Court of First Instance, formerly the investigating court.
For the accused, everything speeds up: the decision whether or not to accept a plea agreement (conformidad), which reduces the sentence sought by one third when the legal requirements are met, has to be taken within hours and with good advice. For the occupant, it means a much swifter judicial response.
With sentences of up to two years and no criminal record, the prison term can be suspended if it is your first offence and civil liability is satisfied (art. 80).
If someone is inside your home right now, call the police immediately: it is an offence in progress. Do not confront the person unless absolutely necessary. The law treats unlawful entry into a dwelling as unlawful aggression for the purposes of self-defence (art. 20.4), but the response must be proportionate.
Afterwards, report it, keep evidence (cameras, witnesses, photos of the lock or the damage) and join the proceedings as a private prosecutor. We represent you to seek a conviction, a restraining order and the compensation you are entitled to.
Do not let time pass. Trespass in a dwelling becomes time-barred after five years (art. 131), but camera footage is deleted within a few days and witnesses forget details. If the person keeps entering or harasses you afterwards, tell us: other offences may be involved and protective measures can be requested during the proceedings.
Entering or remaining in another person’s home against their will is punishable by six months to two years in prison (art. 202.1 of the Spanish Criminal Code). If done with violence or intimidation, the penalty is one to four years in prison and a fine of six to twelve months. With no criminal record, a sentence of up to two years can be suspended.
It can be. What counts is whether the home is another person’s dwelling and whether you entered against their will, even if they are a relative. If you also lived there, had keys or were in the habit of entering freely, the situation changes. The specific facts, the messages and the relationship between the parties must be examined.
If the home where someone lives is occupied, even if it is a second home in use, it is trespass in a dwelling and is punishable by prison. If a property that is not anyone’s dwelling is occupied, such as an empty home or commercial premises, it is unlawful occupation, punishable by a fine of three to six months (art. 245.2 of the Criminal Code).
Yes. While the tenant lives in the property, it is their dwelling, and the landlord cannot enter without their consent even though they own it. If the tenant does not pay or the contract has ended, the route is eviction through the courts, not entering on your own initiative or changing the locks, which could also amount to the offence of coercion.
It can be. Since 3 April 2025, trespass in a dwelling under article 202 of the Criminal Code has been included among the offences that can be dealt with as a speedy trial, when the police arrest or summon the accused before the duty court. The case can be resolved within a few days, so it is advisable to have a lawyer from the very first moment.
Do you need help now?
On this page
Related services
