• Opinion: flagrant crime or burglary?

The Interior Ministry justifies the entry by force of agents into an apartment in which it was a "tourist property" that was intended for the celebration of a party, which in its opinion would exclude the property from the concept of dwelling and therefore, it would allow the access of the police without a court order.

The events occurred on March 21 in Madrid, when the Police were alerted to the celebration of a party in which the measures against the pandemic were not being respected.

After half an hour asking them to open, they did so with a battering ram.

The action has been controversial given that the cases in which the Security Forces can enter a home without judicial authorization are very limited.

Interior refuses to consider the apartment as a private address because "it was a tourist property that was being used for a party in contravention of current health regulations."

"None of those who were staying in that apartment; it was a party venue", they add to maintain that the apartment "would not constitute a dwelling".

The same sources highlight that the Security Forces always act within the framework of legality.

And they defend the actions of the agents, although they deny that it responds to any recent internal office that defends the entry without judicial authorization into homes where sanitary limitations are not being respected.

Interior considers that his action is supported by the subsequent judicial decision to reject the

habeas corpus

raised by one of the party attendees who was arrested.

The

habeas corpus

supposes the immediate presentation before the judge before an arrest without any basis.

The PP supports it

From the PP, the spokesperson in the House Committee of the Congress, Ana Vázquez Blanco, considers that there is sufficient legal basis for the Police to enter homes without a court order to dissolve illegal parties, as has happened at least twice in Madrid in The last weeks.

Vázquez argues that his entry into homes by forcing the lock occurs before a "flagrante delicto" which, "has been recently endorsed by two magistrates from Madrid, according to Europa Press." I believe that it has a legal basis in both cases, well for flagrante delicto when committing something prohibited by law, or for disobeying when required. "

For his part, the

popular

spokesman

in the Justice Commission,

Luis Santamaría

, has shown his respect for all judicial decisions after a Madrid court has acquitted the owner of a home of a crime of disobedience of which he had been accused of celebrating an illegal party to which the National Police agreed by forcing the door open without a court order.

As stated in the order, the judge agreed to the free dismissal of the proceedings regarding one of the two detainees as it was a minor administrative offense and not a crime of serious disobedience.

According to the criteria of The Trust Project

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