Caught in the Act Committed within Domicile. E.C.H.R. Insight

Abstract

According to a recent legislative amendment, while caught in the act, the police officer is entitled to enter a dwelling or a well-defined area that belongs to or is used by an individual or a legal entity, in any way, complying with the law, without having the consent of the owner or legal representative and without any search warrant. However, the question arises whether the new legal provision is sufficiently reliable to achieve the purpose of the criminal proceedings.