Article 204 Spanish Criminal Code: unlawful entry by officials

Frequently asked questions

What penalty does Article 204 of the Spanish Criminal Code provide for unlawful entry by officials?

The penalty of the corresponding unlawful entry in its upper half, plus absolute disqualification for six to twelve years.

What are the elements of the offence under Article 204 of the Spanish Criminal Code?

The status of authority or public official, acting as such. Conduct defined in Articles 202 or 203: entry or remaining against the owner’s will. Action outside the cases permitted by law. Absence of a criminal-law ground authorising the entry, such as flagrancy or a judicial warrant.

What defence strategy applies to a charge under Article 204 of the Spanish Criminal Code?

Establishing legal authorisation. Valid consent of the owner, flagrant crime or a judicial warrant exclude the offence. The official’s defence turns on documenting the enabling ground for the entry. Examining urgency. Necessity and rescue situations decriminalise the entry; they are assessed as matters stood at the moment of acting, not with hindsight. Separating disciplinary faults. An administrative irregularity does not equal the criminal intent to enter outside permitted cases; mistake as to the authorisation falls under Article 14. Linking to unlawful evidence. For the person investigated in the underlying case, an illegal entry taints the evidence obtained; the official’s liability and the nullity of the search reinforce each other.

Is the English text of Article 204 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.