Lawyers specialized in illegal occupation and home invasion
Expedite eviction due to ilegal occupation
Two years ago, the amendments aimed at expediting eviction for illegal occupation and home invasion were announced, which sought to introduce two modifications to the text of the Organic Law draft on organizational efficiency of the public service of Justice, in the processing phase under filing number 122/000270.
The first amendment advocated abolishing the jurisdiction of the Jury Court to judge cases of home invasion, proposing that jurisdiction be attributed to criminal courts. The second amendment was focused on expediting eviction in cases of illegal occupation or home invasion, through the introduction of a new article of the Criminal Procedure Law (LECrim), number 544 sexies, to allow the judge or court the power to the eviction of properties within a maximum period of 48 hours, since the request of the owner, or the police report.
The Organic Law proposal sought to guarantee effective judicial protection of property owners, while putting the country at the level of other European States such as Holland, France, Germany or Italy, which have legal ways that enable judges to recover illegally occupied properties in a short time.
Unfortunately, the Organic Law proposal expired, being registered in the official bulletin of the general courts No. 637, in the list of already qualified initiatives that were in process at the time of the courts dissolution and expired as a consequence of This, that is to say: the dissolution of the courts in 2023, an act that put an early end to the legislature, and convene to new votes, end with the desire to see the project become Law, in addition to finalizing the illusion of property owners who are unprotected before illegal occupations.
During the time of the Law proposal debates, was also subject of too much criticism, which came from the treatment that would be given to illegal occupants with minors or vulnerable people at risk of exclusion, considering that the promise of evaluating their situation was unviable and illusory, due to adopt a protective measure in 48 hours become non-viable beacuse social services are overwhelmed and their waiting times are very long.
Legal consequences of illegal occupation and home invasion
The difficulty in evictions provides guarantees for the usurpers to stay in other people's properties without prompt legal consequences, generating a deep legal insecurity that prevents them to recover their invaded property. The owners should not suffer harm because there are people who do not have a house, this is a problem that must be resolved by the Public Administration. In a country with a more solid legal system, the affected owners would be compensated by the Public Administration for failures that do not guarantee their constitutional right to an effective judicial protection.
This was warned by the Supreme Court magistrate Vicente Magro Servet, in a recent conference at the Spanish Advocacy Council (CGAE).
If you are facing an illegal occupation of a home, contact us, we are undoubtedly the best criminal lawyers for illegal occupation in Marbella and Costa del Sol.
Telephone: +34 951 052 811
Whatsapp: +34 643 89 04 96
Proposal law about urgent measures to confront the phenomenon of illegal occupation of properties (122/000270)
List of expired initiatives, official bulletin of the general courts No. 637
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