EIRP Proceedings, Vol 4 (2009)

Abstract

The doctrine has different points of view when it comes to discussing about violation of domicile as a form of grand theft committed by efraction or by using a genuine or a false key without consent or if we talk about more than one crime. The natural complexity of the grand theft comes when the crime has been committed in a house, and for this it is compulsory to enter the house to commit the crime. In this situation, the breaking in represents the material element of the theft, illicit or not. As a consequence, if the breaking in was illicit, the constitutive elements of the crime of violation of domicile have been met, and it will naturally be absorbed by the crime of theft.