During the\u00a0confinement\u00a0due to the\u00a0Covid-19\u00a0pandemic,\u00a0cases\u00a0of illegal occupations in\u00a0homes\u00a0owned\u00a0by\u00a0individuals\u00a0and\u00a0companies\u00a0have increased significantly.<\/p>\n
The squatters, in many\u00a0cases,\u00a0are\u00a0mafias that extort money from the\u00a0owners, who pay high sums to\u00a0vacate\u00a0the\u00a0houses\u00a0using\u00a0the collapsed judicial system, that can\u00a0take\u00a0months\u00a0and even\u00a0years\u00a0to\u00a0solve\u00a0these\u00a0matters.<\/p>\n
On the 15th September 2020, the State Attorney General’s Office\u00a0issued\u00a0an\u00a0instruction, in which it\u00a0indicates\u00a0to the\u00a0prosecutors\u00a0how to act\u00a0quickly\u00a0to\u00a0stop\u00a0the\u00a0occupations.<\/p>\n
This instruction analyses the crimes of trespassing<\/strong>\u00a0(articles 202 and following of the Criminal Code which apply to both main residency and second home, for example in the case of a property used for weekends or holidays)\u00a0and usurpation of<\/strong> property<\/strong>\u00a0(when it is neither a first nor a second residence)\u00a0and marks the guidelines that the prosecutor must follow when the owner or a third party complaints.\u00a0(for example, neighbourhood communities).<\/p>\n With this procedure, it is intended that the prosecution can reinforce the rights of the victims, making use of legal tools that restore the legitimate right of the owner, to avoid the situation where the squatters\u00a0 \u00a0benefit from the slow legal process.<\/p>\n It is essential, that in the complaint the owners or injured parties include documents such as the property deed, which proves who the owner is, and also other facts such as the statements of witnesses and\/or injured parties testify how and when the occupation took place.\u00a0For example, if it has been seen, how they have forced entry, or there is evidence of damage to the locks, windows…as\u00a0well as the possible data that we can obtain from those who have been the perpetrator of the occupation, their ID number or any other relevant data.<\/p>\n It\u00a0is\u00a0important\u00a0that the\u00a0wish\u00a0of the\u00a0owner\u00a0or injured party is reflected so that an\u00a0order\u00a0to\u00a0evict\u00a0the\u00a0occupants\u00a0of the\u00a0property\u00a0is\u00a0executed.\u00a0The\u00a0Police will\u00a0have\u00a0to send to the\u00a0prosecutor, a\u00a0copy\u00a0of the\u00a0reports\/complaints\u00a0in accordance with\u00a0arts.\u00a0284.1 and 295.1 of the criminal procedure laws, as\u00a0soon\u00a0as possible The Prosecutors will request that the judge agrees to the eviction as a precautionary measure and to return the home to its owner after suffering the crimes of trespassing and usurpation.<\/p>\n In the\u00a0crime\u00a0of trespassing, the precautionary measure will be\u00a0requested\u00a0whenever there\u00a0is sufficient evidence (with the\u00a0exception\u00a0of those\u00a0cases\u00a0in which it is\u00a0found, that the illegal possession of the\u00a0property\u00a0has been carried with the\u00a0acceptance\u00a0of the owner.)<\/p>\n In the minor\u00a0crime\u00a0of \u201cpeaceful\u00a0usurpation\u201d\u00a0of\u00a0property (art.\u00a0245.2 Criminal Code)., prosecutors\u00a0will\u00a0request\u00a0the\u00a0aforementioned\u00a0precautionary\u00a0measure, when the\u00a0 owner\u00a0is\u00a0a private\u00a0person, a\u00a0public\u00a0nature legal entity, or\u00a0a non-profit\u00a0association\u00a0of\u00a0public\u00a0utility, once verified that the specific\u00a0usurpation, apart from\u00a0damaging\u00a0the right to possess the property, could\u00a0produce\u00a0a serious decrease in the \u00a0value or security of the assets.<\/p>\n In all the cases above, at the time of evaluating the request for the precautionary measure, full \u00a0\u00a0consideration will be given to the victims and to the neighbours to whom the crime may directly cause damage to their full rights.<\/p>\n If there is a\u00a0situation\u00a0of\u00a0special\u00a0vulnerability of the occupiers (minors,\u00a0people\u00a0with\u00a0disabilities\u2026), at the\u00a0prosecutors\u2019\u00a0request of\u00a0the\u00a0eviction, they \u00a0will simultaneously\u00a0make\u00a0sure, that these\u00a0facts\u00a0are\u00a0made known\u00a0to the Social Services, in order to\u00a0adopt\u00a0\u00a0 measures\u00a0for their\u00a0protection and if need it the\u00a0appropriate\u00a0residential solutions.<\/p>\n If you are a victim of squatting. act swiftly and seek immediate legal advice. However, even if you are not the owner but a\u00a0 neighbour, or as a community of owners it is possible a part from the report to the police you can \u00a0exercise the action of cessation and expulsion of\u00a0 the squatters for unhealthy,\u00a0 harmful or dangerous activities prohibited by the community of owners statutes, as set out in Article 7.2 of the Law on Horizontal Property (LPH). This action is exercised through a civil action by the community of owners represented by the president in case the squatters are carrying out such activities.<\/p>\n <\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":" During the\u00a0confinement\u00a0due to the\u00a0Covid-19\u00a0pandemic,\u00a0cases\u00a0of illegal occupations in\u00a0homes\u00a0owned\u00a0by\u00a0individuals\u00a0and\u00a0companies\u00a0have increased significantly. The squatters, in many\u00a0cases,\u00a0are\u00a0mafias that extort money from the\u00a0owners, who pay high sums to\u00a0vacate\u00a0the\u00a0houses\u00a0using\u00a0the collapsed judicial system, that can\u00a0take\u00a0months\u00a0and even\u00a0years\u00a0to\u00a0solve\u00a0these\u00a0matters. On the 15th September 2020, the State Attorney General’s Office\u00a0issued\u00a0an\u00a0instruction, in which it\u00a0indicates\u00a0to the\u00a0prosecutors\u00a0how to act\u00a0quickly\u00a0to\u00a0stop\u00a0the\u00a0occupations. This instruction analyses the crimes of trespassing\u00a0(articles 202 and following […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[16,17],"tags":[],"class_list":["post-2239","post","type-post","status-publish","format-standard","hentry","category-articles-and-publications","category-property-law"],"yoast_head":"\n