• Madrid: Denounces her 18-year-old daughter for squatting her grandfather's house

The Court of Instruction number 21 of Madrid has sentenced the 18-year-old girl who occupied her grandfather's house on Atocha street more than a year ago to a fine of 360 euros for the crime of usurpation of a property.

In a ruling, to which Europa Press has had access, the judge agrees to evict the house as civil liability, warning that if it is not carried out, the Security Forces will evict anyone who is inside of the house.

The sentence comes after the trial was repeated on September 29 after being annulled by the Madrid Court and whose sentence acquitted the young woman and her partner.

After the new hearing,

Paula offered the keys to the apartment "without conditions" almost eleven months after the squatting

.

The ruling indicates that

Vicente Moreda

, 87 years old, was deprived of possession of a property that, as the owner, had the right to use and enjoy, taking for granted "the null relationship between grandfather and granddaughter without showing any interest in obtaining family reconciliation ".

For this reason, the judge understands that the action carried out by Paula was carried out "abusing the vulnerability of the complainant due to the great age difference between the two."

Last July, the Madrid Court annulled the trial and ordered the proceedings to be returned.

In the previous hearing,

the young woman stated that she entered the house because "she had nowhere to go" with her "girl"

and explained that she used a copy of a key that her father had, denying that she had changed the lock.

The squatting dates back to the summer of 2019 when Vicente Moreda, 87, received a call from a neighbor while in Cartagena (Murcia) warning that a girl had entered his house.

The victim had been in this town for two months when he was admitted to a hospital and his wife was admitted to a residence after suffering from Alzheimer's.

The family hired after filing the complaint with the

Desokupa

company

to unsuccessfully achieve the exit of the young woman.

At the hearing, the family problems came to light and the mother even denounced that she had suffered attacks from her daughter.

Despite the testimony of the mother and her grandfather, the first sentence acquitted the girl, alleging that the difficult situation that she is experiencing, "with a divorce process between the parents that affects consent", prevented the passing of a conviction "since not everything practiced fails to break the principle of presumption of innocence that article 24 of the Constitution protects ".

It also maintained that throughout the procedure the legitimacy of the complainant's grandfather has not been proven to exercise criminal actions on behalf of his wife, who suffers from advanced Alzheimer's.

The magistrate gives "special relevance" to this extreme, since before the squatting the young woman lived in this house with her father with the consent of her maternal grandparents.

However, the magistrates of the Madrid Court considered that there was "an infraction" in the assessment of the evidence at the request of a prosecutor's appeal.

In the legal argumentation, the Section understood that the defendants' statement shows the violation of

article 245.2 of the Penal Code

regarding the occupation of a property without prior authorization.

Said article establishes that "whoever occupies, without due authorization, a property, dwelling or building of others that does not constitute residence, or stays in them against the will of its owner, will be punished with a fine of three to six months" .

According to the criteria of The Trust Project

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