Tuesday, March 30, 2021 – 3:36 PM
Interior rejects that the tourist apartment can be considered as a dwelling and that a court order was essential to access its interior
Flagrant crime or burglary?
The Interior Ministry justifies the forced entry of officers into a flat in which it was a “inmueble turstico” that was destined for the celebration of a party, which in his opinion would exclude the property from the dwelling concept and therefore, it will allow the access of the police without a judicial 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 it with a battering ram. The performance has been controversial since 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 home 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 on that floor; it was a party venue,” they add to maintain that the flat “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 official letter that defends the entry without judicial authorization into homes where sanitary limitations are not being respected.
Interior considers that its action is supported by the subsequent judicial decision to reject the habeas corpus raised by one of the party goers who was arrested. The habeas corpus involves immediate presentation to the judge before a baseless detention.
The PP supports that the Police enter homes
From the PP, the spokesperson in the Interior Committee of the Congress, Ana Vzquez Blanco, consider 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 recent weeks.
Vzquez argues that his entry into the homes 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 spokesman popular in the Justice Commission, Luis Santamara, has shown its respect for all court 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 opening the door by force without a court order.
According to 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.
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Source site www.elmundo.es