Spain is from Thursday A new legal tool to deal with Occupations Of houses. The practice of reform of Article 795 of the Criminal Procedure Act indicates a way before and after Courts will process these cases.
BNV responds from promoted amendment from the Authorized Authorized Rule in Congress Repeated Requirement by Owners and Sectors of Real Estate Market. Over the years, the recession of the judicial process – on average, from an average of four to nine months – is one of the most consecutive arguments to justify the lack of legal protection, according to this sector experts, directly affecting the increase in access to housing.
What cases do you think
This reform is only affected Criminal OfficesIn the absence of any contract or document to live at home. This way I won’t affect Trial It may also be affected by purple testing and housing grabbing cases.
In the case Breaking and entering.
The Domestic grabbingIn Article 245 of the Criminal Index, it can be processed with new rapid trials and can think of cases that are not familiar with the familiar housing, although it is a location or property.
Quick Judgments: In 15 days, punishment and exit
The most important change in introduction of law is the speed of the deadline. Henceforth, criminal supply cases will be processed Less severe crimes under the rapid test procedure. This indicates that the defendants should appear before the judge within a maximum of 15 days after the complaint. Once the magistrate comes in the sight, it will be three days to offer a punishment.
On the other hand, This action does not affect the investigation. This means that the tenant has already had a rental agreement, but if the payment is stopped, or if it does not leave, the owner cannot go to this quick process.
There is no impact inspection
In addition, this reform suppresses the impact of the impact. Until now, the judges evaluated the socio -economic situation of residents before recognizing the eviction. With the new law, this action will disappear Testing or grabbing as provocative crimes.
The law will allow the exit immediately to be implemented once a punishment. However, it is to take note of it The evacuation will continue to be prepared after a court orderDuring the complaint, there may be delays for structural reasons such as the concentration of the courts or the shortage of staff.
Police intervention in the first 48 hours
Another appropriate feature is that if the squat is detected in its first 48 hours, The court order may intervene directly with security forces unnecessarily. This action is trying to stop quick offices and prevent the situation from integrating the situation.
Although the new law is searched, it is important to note Subject to premature detection and considering an obvious crime. After this period, it is necessary to obtain a court order to go to the discharge, respecting the right to violation of immigration.
In addition, the law is also It hardly makes the penalties for events that are violently squeezed Or to have a clear criminal purpose. In these situations, residents can face not only penalties but also imprisonment, which adds a definite criminal dimension to reform.
What should the owners do?
With the new legal structure, owners who face the illegal bomb have a very direct and effective process at their disposal. First step File a complaint in the police or court, Contribution documents that prove the ownership of the property: actions, IPI payments, lease agreements or other justification.
Related complaints and documents related to it, it will be assessed and will be evaluated If residents can somehow prove the right to stay in the property. If not, additional procedures are unnecessary and the exit will be automatically.
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