Spain has a lower-than-average burglary rate compared to other European countries
Credit: Pixabay:TheDigitalWay
Thankfully, statistically speaking, Spain has a lower-than-average burglary rate in comparison to other European countries.
In fact, according to Eurostat, in 2022, there were 383 thefts per hundred thousand inhabitants, which is excellent news for residents. However, understanding your rights under Spanish law is worth knowing if you are a victim of this heinous crime.
Essentially, two areas need to be examined: CCTV and photographic evidence of a crime and disturbing a burglary in progress.
The use of CCTV to record a burglary in Spain
The good news is that, generally speaking, CCTV is permitted to capture images or recordings on private property. However, caution is needed when placing such devices to avoid inadvertently capturing imagery of public places. This is prohibited unless it can be demonstrated to be unavoidable.
Should you capture footage of a burglary, including that of a suspected burglar, you are legally obligated to provide it to the police personally. In doing so, the material is considered evidence and cannot be used for any other purpose under any circumstances.
Self-defence in the event of a burglary in progress
We are all familiar with the terms ‘self-defence’ and ‘reasonable force’ as they often come up in films, particularly those dealing with complex court cases looking to add a dramatic effect. It would appear then that Spanish law in this regard is quite similar in that the Criminal Code states that anyone who acts in defence of their own or other people’s rights is exempt from criminal responsibility.
For the Code (Art 20.4) to apply, very strict criteria must be met. This includes the condition that an unlawful attack must have actually taken place, putting a person or their property at risk from a criminal offence. Secondly, the means used to repel or prevent the crime must be proportional and appropriate to the seriousness of the aggression
It is also essential to understand that the law does not classify it as self-defence if the defender has provoked the aggression they are responding to. Equally, the aggression must be committed against protectable property and not against, for example, damage that was caused previously.
The use of reasonable force in stopping a burglary
Putting this into context, disturbing a burglar and using any means possible to hold the perpetrator until the authorities arrive would open up the question of proportionality and whether it could be considered reasonable. It is fair to say that pulling out a weapon and ending a life could not, in all probability, be claimed as self-defence unless there were some complex extenuating circumstances.
Interestingly, the same justification must be proven in cases where law enforcement officers use their firearms, so it is not unique to the general public.
Nobody wants to become a victim of this type of crime, so during this heatwave, it is especially important to ensure that all windows and doors are closed and locked before leaving the property. Another helpful tip is to leave a light on so that it appears that someone is home, which may act as a deterrent.
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