Allanamiento de morada (Trespass / Violation of the Home)

1. What Article 202 protects

Article 202 protects the home (dwelling) as a fundamental legal interest, directly linked to Article 18.2 of the Spanish Constitution, which guarantees the inviolability of the home.

Under Spanish law, a home (“morada”) is any place where a person lives privately, whether:

• Owned or rented
• Permanent or temporary
• A house, apartment, room, or even a hotel room or caravan if used as a residence

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2. What conduct is a crime under Article 202

A crime is committed if a person:

A) Enters another person’s home without consent

This includes:

• Forcing entry
• Entering when permission was never given
• Entering after consent has been explicitly withdrawn

B) Remains in the home against the will of the occupant

Even if the person:

• Entered with permission originally, but
• Refuses to leave when told to do so

⚠️ Important: Once consent is withdrawn, any continued presence becomes criminal.

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3. Penalties under Article 202

Basic offence (Article 202.1)

• Prison sentence: 6 months to 2 years

Aggravated offence (Article 202.2)

If violence or intimidation is used:

• Prison sentence: 1 to 4 years
• Plus a fine

Violence can be:

• Physical force
• Threats
• Coercion
• Psychological intimidation

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4. Consent is the key factor

Spanish courts are very clear:

• Consent must be real, current, and voluntary
• Consent can be withdrawn at any time
• Once withdrawn, staying even one more moment can constitute the offence

Written notice (like the one you asked for) is strong evidence that consent no longer exists.

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5. Who can commit this offence?

Anyone, including:

• Family members
• Ex-partners
• Neighbours
• Landlords (very important in Spain)
• Police officers without a warrant or legal exception

⚠️ Even owners or landlords can commit allanamiento de morada if the dwelling is your home.

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6. When entry is legal (exceptions)

Entry is only lawful if:

1. You give consent, or
2. There is a judicial warrant, or
3. There is a flagrante delito (a crime actively happening inside)

Outside these exceptions, entry is illegal.

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7. Why this matters practically

Article 202 is:

• A serious criminal offence
• Prosecuted by the state
• Often taken seriously by police once consent withdrawal is documented

Your formal notice:

• Removes ambiguity
• Protects your constitutional rights
• Creates a paper trail
• Strengthens any police report or court case