Allanamiento y ocupación ilegal: aspectos procesales de la instrucción policial

Abstract

The illegal occupation of homes has become an important problem to be managed from various perspectives, essentially two of which interest us: public safety through the drafting of the report, the result of the police investigation, and its criminal procedural translation. In this sense, an adequate investigation by the police forces serves the criminal justice system in a very valuable way, particularly with regard to the protection of the ownership of property and its possible restitution to its legitimate owner or possessor. This work will focus preeminently on the usurpation of real estate constituting the minor crime of article 245.2 of the Penal Code, without forgetting the crime of trespassing of article 202 of the same legal text as they constitute two sides of the same coin. The doctrine of the Prosecutor’s Office, and of the Secretary of State for Security of the Ministry of the Interior, together with the jurisprudence, particularly of our Courts, structure the reflections that are going to be presented, as it seeks to improve police work with elements of analysis that leads to adequate and effective praxis on the part of the agents in charge of its prevention, and investigation, trying to address the doubts that imply clashes with certain fundamental rights that need to be examined and that, sometimes, raise those questions that make it difficult an immediate action that accompanies a response to the criminal situation that arises, trying to serve as a guide to solve the obstacles that may arise.