• State of Interior alarm alleges that the apartment in which the Police entered by force was not "a dwelling" but "a tourist property" destined for a party

  • Courts Justice rejects the 'kick in the door' that Marlaska defended to stop a party during the state of alarm

The judge has sent to trial the six national police officers who broke into a Madrid apartment where a party was taking place without complying with health measures against the pandemic.

In a resolution notified this Wednesday, the magistrate concludes the investigation and agrees to go ahead to hold a jury hearing.

It considers that there are "solid indications" that the agents committed a crime of trespassing, punishable by imprisonment and disqualification.

The head of the Court of Instruction 28 of Madrid, Jaime Serret, considers that it should be in the trial where it is decided whether that crime was committed or if, as the agents maintain, those who occupied the floor had committed a crime of serious disobedience by not open the door for them as they requested.

This assumed that they were committing a flagrant crime and were authorized to enter by force without waiting for a court order.

This thesis was already rejected by a court of the Provincial Court in a car with which it refused to file the case.

There is controversy in how to legally qualify the facts, but not in what happened.

"The facts that are the object of the accusation are practically uncontroversial: on 03.21.2021 at around 00:50 hours, in the course of a police intervention, despite the fact that they had neither consent of the residents nor judicial authorization, the Agents of The National Police investigated, they knocked down the door of the house located on Lagasca street [...], they acceded to it and detained its residents ".


In his resolution, the judge points to the possibility of a third way regardless of acquittal or conviction for trespassing.

It is about the possibility that the so-called prohibition error occurred, according to which the agents acted in the conviction that they were doing it correctly, which would allow a considerable reduction of the sentence.


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