Was Rafael Amargo’s action legitimate defence?
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Oscar Gonález Fuentes – Shutterstock
What would you do if a stranger smashed a window and entered your home while you were inside? For international residents in Spain, the instinct to protect yourself and your family may be clear. But how far does Spanish law allow you to go?
The question has come into focus following the arrest of flamenco dancer Rafael Amargo, Flamenco dance star and Spanish celebrity, after a man allegedly forced his way into his Madrid home and a fight broke out.
Amargo and his partner, Luciana Bongianino, were arrested at the same time as the alleged intruder on October 10. Amargo was accused of assaulting a police officer and causing injuries, while his partner was accused of causing injuries. The third man, the alleged intruder, was also detained over the supposed unlawful entry and related offences. The accounts of the confrontation remain contested.
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The case raises a question relevant to British, American and other foreign residents who own or rent property in Spain: when does defending your home become a criminal offence?
What does Spanish law say about self-defence?
Article 20.4 of Spain’s Criminal Code recognises legitimate self-defence, including against unlawful entry into a home. However, it does not give residents an unrestricted right to use violence against intruders.
The law considers whether an illegitimate attack took place, whether the means used to prevent or repel it were rationally necessary, and whether the defender had sufficiently provoked the attack.
That means the circumstances matter. Responding to an immediate threat is different from continuing to use force after the danger has passed. Spain also does not have an automatic rule that a homeowner is immune from prosecution simply because a confrontation happened on their own property.
American residents should be particularly aware that Spanish law differs greatly from the self-defence rules found in some US states, including certain versions of the Castle Doctrine.
Break-ins in Spain and a case in Ceuta
Home burglaries remain a concern despite a fall in recorded cases nationally in 2025. Spain’s Interior Ministry recorded 74,353 burglaries involving forced entry into homes that year, down 8.3 per cent from 81,094 in 2024.
A separate case in Ceuta also illustrated the potentially frightening consequences of an unlawful entry. In August, a man entered a home through a balcony and went into a bedroom where a woman was sleeping. He was arrested and later sentenced for unlawful entry, with a two-year prison term replaced by expulsion from Spain and a five-year entry ban.
The circumstances of these cases differ, but both underline why the law surrounding entry into a home and the response to an intruder matters.
What should residents do if someone breaks in?
Safety should come first. Call Spain’s emergency number, 112, and get yourself and your family away from danger if possible. Avoid pursuing an intruder who is fleeing, and preserve any CCTV footage that could help police establish what happened. Anyone involved in a violent confrontation should remember that there may well be legal repercussions, and should definitely seek legal advice afterwards, particularly if police are investigating allegations of assault.
The question for residents is simple: if someone breaks into your home in Spain, should the law give you greater freedom to defend yourself, or should strict limits on the use of force apply regardless of whose home it is?