• Congress The PP registers an anti-squatting law so that the eviction is "immediate", they cannot be registered and the mafias are penalized

  • Guide of tips What can I do so that my house is not squatted?

The PSOE has proposed a legislative amendment so that judges can evict

squatters

within a maximum period of 48 hours, from the time the owner requests it or receives the police report, both in cases of home invasion and usurpation, which already raised in his day the PP of Pablo Casado.

They have done so through an amendment to the draft Organic Law on organizational efficiency of the public service of Justice, which introduces a new article 544 sexies that modifies the

Law of Criminal Procedure

.

It so happens that this was one of the measures included in the anti-

squatting

plan of former PP leader Pablo Casado, which contemplated that the eviction of illegally occupied homes could take place in 24 or 48 hours, as he stated in 2020.

Two years later, the Socialist Group proposes that "in the processes related to home invasions or usurpation of real estate or a real estate right belonging to another, the judge or court may agree to reason the eviction within a maximum period of 48 hours from the request at the request of a legitimate party or from the referral of the police report".

All of this, he adds, "without the need to provide security, if the occupants of the property do not exhibit within that period the legal title that legitimizes their permanence in the property."

In the event that the occupants are minors, people at risk of social exclusion or of special vulnerability, the judge will immediately notify the social services and the

Prosecutor

's Office so that they can adopt the appropriate protection measures.

The Socialists argue that "the crimes of trespassing and usurpation of real estate are of a permanent nature and are maintained until the execution of the conviction", with "the damages for the victim who will not be able to dispose of the house", having to continue "dealing with certain charges derived from the ownership of the property and its progressive deterioration" due to the use that its

squatters

give it .

For this reason, they see it as "necessary" to agree on the precautionary measure of eviction and restitution of the property when "solid indications of the execution of the crime of trespassing or usurpation" are observed and the "existence of harmful effects for the legitimate owner" is verified.

Tricks to lengthen procedures

This measure, which was also proposed by the PdeCat in a bill in May, comes after the Prosecutor's Office issued a circular two years ago in which it insisted on speeding up evictions in all procedures, but without setting a specific deadline.

The novelty then came because the former State Attorney General Dolores Delgado ordered that the evictions take into account not only the damages to the owners but also to the neighbors and trying to avoid tricks to lengthen the procedures.

Then, with

squatting

in the public debate, the Government of

Castilla-La Mancha

, presided over by the socialist Emiliano García-Page, promoted a regional initiative to force a debate in

Congress

in order to toughen the legislation against squatting in the which, among other measures, proposed that the home could be returned to the owner within 48 hours.

Apart from this modification, the Socialists incorporate another amendment to eliminate the breaking and entering of the crimes that are tried by jury with the aim of speeding up the processes.

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  • PSOE

  • Paul Married

  • Catalan Democratic Party

  • Castilla la Mancha

  • Emiliano Garcia-Page

  • Justice