AthenaLab researcher consulted by Emol on crime

Criminals entering occupied homes: What does the law say about this crime and what are the statistics?

Data and expert insights on this type of burglary involving property invasion, which have increased compared to the first quarter of last year.

The case of the mayor of Zapallar raised alarms regarding the actions and practices of criminals, who over time have acted with greater determination and aggression to enter homes, even with their occupants inside, which has fueled a widespread sense of insecurity among the public.

According to data from the Center for Studies and Analysis of Crime (CEAD) of the Undersecretariat for Crime Prevention, the following has been recorded nationwide:

• Burglary in occupied premises: 54,011 police cases in 2019, 34,481 in 2020, 29,778 in 2021, 43,379 in 2022, and 11,090 so far in 2023.

• Burglary in unoccupied premises: 51,290 cases in 2019, 37,204 in 2020, 28,652 in 2021, 45,148 in 2022, and 11,748 so far this year.

Regarding CEAD’s analysis of the progression of police cases nationwide for Crimes of Greater Social Significance, considering cases of burglary in occupied premises per 100,000 inhabitants, between 2019 and 2023, the percentage change in the rate was -24.5%. However, compared to data from the same quarter in 2022, there was an increase of 11.8%.

In light of these figures, AthenaLab researcher Constanza Araos explains that the trend has been one of general decrease, influenced by the pandemic during the specified timeframe, notwithstanding that in the last period it has begun to increase again.

Furthermore, according to data provided by the Citizen Peace Foundation (measured in 2022), it indicates that: 32.7% of households reported being victims of theft or attempted theft between May and October of last year, a trend that was replicated in 2021. Additionally, the figures revealed that only one in every two thefts (52.4%) is reported.

“This has had a direct impact on the feeling of insecurity, which is reflected in a historic fear score, leading 97% of people to take at least one action to avoid becoming a victim of crime,” Araos states.

Captain Javiera García from the Social Communications division of Carabineros asserts that, in the last seven days, burglaries in occupied premises have recorded a decrease of -5% in reports or police cases. Additionally, the officer states that regarding the last 28 days, compared to last year, there has been a new increase of 0.3%. And so far this year, a comparative increase of 9.6% has been observed. “The crime, in particular, does not show an explosive increase or a rising trend. However, when analyzing police reports, especially the statements and testimonies of victims as well as witnesses, we have found a change in the commission of the crime of burglary in occupied premises. (…) Before the pandemic, especially, crimes affecting a house or residence occurred when the occupants were not present. Therefore, there was no intimidation or verbal or physical exchange with the victims,” the authority comments.

In this regard, García highlights that this year there have been specific situations and cases where there has been interaction between the occupants and the criminals entering the homes.

Constanza Araos clarifies that this crime is not necessarily related to organized gangs, arguing that in Chile this has been a frequent crime even before the emergence of organized crime. The researcher emphasizes that, regardless of whether those who invade homes do so in groups to act violently, this is not necessarily associated with complex criminal networks.

The specialist comments that, historically, this crime has faced strong penal reactions regarding its sanctions and typical regulations, both concerning its commission hypotheses and its modalities. “In general, when processing those who have acted jointly in the commission of this crime, the general rules of criminal participation are applied, which means assigning penalties to those who have acted as authors, to those who have substantially contributed to its commission, or to collaborators as accomplices or accessories,” she adds.

What the law establishes and legitimate defense

Juan Carlos Manríquez, a lawyer and professor of Criminal Law and Strategic Litigation at UC, and president of the Legal Committee of the International Criminal Court, explains that the Penal Code -in articles 432, 434, 436, and others- penalizes burglary in occupied premises or their dependencies, in conjunction with robbery with violence or intimidation against individuals.

“In cases where violence or intimidation occurs at the site of the robbery, either to appropriate items, facilitate execution, or ensure escape, and if it causes serious injuries to any of the individuals present in the occupied premises, the penalties can range from 15 years and one day to 20 years, and additionally increase to a potential life sentence if the act occurs at night, in a deserted area, and also in a group or gang. Or if it involves a simple criminal organization, if that were the case,” assures the expert.

According to the academic, these are very serious crimes that are plurioffensive in nature, meaning they can affect significant legal goods, such as property, life, integrity, sexual freedom, inviolability, and also the physical and psychological safety of individuals.

Regarding acting in legitimate defense, Manríquez states that if a person repels an aggression occurring in an occupied place at night, even using a weapon, the law presumes that such aggression (by the criminal) is illegitimate and that the means used to prevent or repel it is proportional. He adds that, in principle, if the facts can be established, that person will be exempt from any penalty for defending their home, family, life, or integrity.

Recommendations to prevent these crimes

Pía Greene, a researcher at the Center for Studies for Action and Prevention in Public Safety and Organized Crime at the University of San Sebastián (CESCRO), recommends that in the case of condominiums, it is essential to maintain good relationships with neighbors, have a security chat, and always be attentive to the neighboring house, “because ultimately when each person acts as a watcher or caretaker, it is always easier, as there are more eyes looking out.” In the case of driveways and gates, Greene emphasizes that one should always wait for the doors to close, arguing that often criminals wait for a car to enter, leaving the gate open, and then slip in to gain access.

Javiera García indicates that it is important to maintain various security systems, for example:

• Direct coordination with neighbors and nearby individuals.

• Maintaining a closure regarding the perimeter of the property and constant vigilance. • Considering the emergency phone numbers.

• Not leaving signs that the house is unoccupied.

“Security is a responsibility not only of police institutions but also of neighbors and the various organizations involved,” adds the captain of Social Communications of Carabineros.

Source: Emol Social Facts