Article 203 Spanish Criminal Code: breaking into business premises

Article 203 of the Spanish Criminal Code punishes breaking into the registered premises of a legal person, a professional office or a shop open to the public: entry against the owner’s will outside opening hours, remaining there, and, with a heavier penalty, entry or remaining with violence or intimidation.

Wording of Article 203 of the Spanish Criminal Code

Elements of the offence

1. A protected space: company premises, professional office, or a commercial establishment or premises open to the public.
2. Entry or remaining against the owner’s express or implied will.
3. In subsections 1 and 2, commission outside opening hours.
4. In subsection 3, violence or intimidation as the means of entry or stay, at any time.

Defence strategy

Contesting the owner’s opposing will. Premises open to the public consent to entry during opening hours. Revocation of that authorisation must be unequivocal and communicated; proving it falls on the prosecution.

Distinguishing Article 202. Dwellings of natural persons have their own, more serious offence. Classifying the space decides the applicable provision and the penalty.

Raising the timing element. In subsections 1 and 2 the conduct must occur outside opening hours; entry during business hours, however conflictive, is not caught by this route.

Separating usurpation. Stable occupation of premises that are not a dwelling falls under Article 245.2, punished with a fine; the border between the two is standard defence ground.

• Article 202: breaking into a dwelling
• Article 204: unlawful entry by officials
• Article 245: usurpation of property
• Squatting and illegal occupation lawyer

This entry is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the individual case and requires examination of the case file by a qualified lawyer.