Article 203 Spanish Criminal Code: breaking into business premises

Frequently asked questions

What penalty does Article 203 of the Spanish Criminal Code provide for breaking into business premises?

Six months to one year of imprisonment plus a six-to-ten-month fine for entry outside opening hours; a one-to-three-month fine for remaining; six months to three years where violence or intimidation is used.

What are the elements of the offence under Article 203 of the Spanish Criminal Code?

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

What defence strategy applies to a charge under Article 203 of the Spanish Criminal Code?

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.

Is the English text of Article 203 of the Spanish Criminal Code official?

Working translation prepared by Société Juridique from the consolidated Spanish text published by the Official State Gazette. It has no official status: the only authoritative version is the Spanish original, available at the Official State Gazette and reproduced verbatim in our Spanish-language entry for this provision. Source: Organic Law 10/1995 of 23 November, the Spanish Criminal Code.