What is home registration and what requirements must be met?

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​​The home search is an investigative procedure to proceed with the entry and registration of a property in which one or more people live. The measure must be ordered by the judicial authorities in order to estimate whether or not there are rational indications of criminality in the place. We can help you At Dexia Abogados we are lawyers specializing in criminal law in Madrid . If you need a criminal law firm with extensive experience, contact us and find out without obligation . CONTACT US What is home registration? The home search is the entry and search of the interior of a property used as a home in the context of a judicial investigation. The action directly affects the fundamental right to the inviolability of the home, so in order to be carried out a series of judicial requirements must be met. The most important is the motivated judicial authorization in the event that the owner does not give his consent. That is to say, a home search consists of checking the interior of a home to carry out a police or judicial investigation.

The process has to be carried out in the presence of the affected person. What is meant by domicile? A person's domicile is the closed space in which a residence is established with the intention of permanence and the desire to settle in that place to develop one's private life. In the case of natural persons, their domicile is their habitual place of residence, while for legal persons it is the one indicated in their statutes. Both the DM Databases Constitutional Court and the Supreme Court have defined the concept of domicile in successive rulings. For example, hotel rooms or boat cabins are also considered domicile. In what cases can a home search be carried out? Although article 18 of the Spanish Constitution guarantees the right to the inviolability of the home and privacy, during the execution of a home search both rights are limited. Therefore, to enter and search homes, judicial authorization is required through a reasoned order. This measure will only be adopted if it is necessary and if there are no other less burdensome alternatives.



The cases in which home registration is allowed are the following: When there is consent of the owner. By judicial resolution. In case of flagrante delicto . In application of anti-terrorist legislation. Home search with consent of the owner If the owner of the address gives his or her consent to carry out the registration, judicial authorization is not required. It is not necessary for the consent to be express, since it is sufficient for the consent to be expressed in some way after prior request from the police. Home registration through judicial resolution If the owner of the domicile does not give his or her consent, the home search can only be carried out when there is a prior judicial resolution that authorizes it by means of a reasoned order. This order is an order addressed to the police , which is the competent authority to carry out the search. According to article 546 of the Criminal Procedure Law , the entry and search can be ordered at any time and in any territory of all buildings and public places when there are indications that the accused, effects or instruments of the crime, documents or others are there.