El delito de allanamientoproblemática y diferencia con otros tipos penales

Résumé

Entering the place where a person goes about “his or her life” without their consent merits criminal protection and the imposition of legal consequences by the State on whoever breaches the provision that sets out such protection. The content covering the concept of home is very broad in scope, protecting a space not available to third parties. It strives to preserve private life from the intrusion of those asked not to enter or to leave the property, without requiring that the person who lives there be the owner or even that it be their only or habitual residence. The legal concept of trespassing protects the privacy of humans and safeguards the most valued privacy of men and women. It does not serve to defend possession, property or any other real or personal right in a patrimonial sense, but requires the trespassing of another’s home on a temporary or permanent basis. The protection of the home in the crime of trespassing must be compared with another type of crime set out in the Criminal Code, namely that of usurpation or occupation of a home, whose protected legal right has nothing to do with the privacy of the home. In the latter type, the right to property is protected by means of interim measures, without having to wait for the decision to become final.