The squats In Spain, the days have been numbered since an amendment was included in the Public Justice Service Efficiency Law to expedite evictions in case of ‘squatting’ with breaking and entering. Specifically, it was introduced in the project of Efficiency Law of the Public Justice Serviceapproved in the Congress Plenary. The text was sent to the Senate and it is not expected that it will be revoked during its processing.
Specifically, the PNV amendment involves modifying article 795.1 of the Criminal Procedure Law (LECrim) so that the crimes of usurpation of residence (article 245 of the Penal Code) and breaking and entering (article 202 of the Penal Code) will be processed by the abbreviated procedure of judicial processes, the so-called quick judgmentswhich will expedite its resolution and the evictions that may be ordered.
The text is now in the Senate and the proposal will be debated within the two-month deadline. As it is expected to continue its course, the Upper House would give the green light in January. It will not be until February when, if everything continues its course, it would come into force once published in the Official State Gazette (BOE). Until now, eviction processes can last for several months: according to Idealista data, in 2023 these procedures had an average instruction period of 12 months.
The presidents of the provincial courts They already considered that one of the possible solutions to deal with property squatting is to carry out “immediate trials” if the home entered is not anyone’s habitual residence and is done without violence.
According to the Penal Code, the minor crime of squatting It applies to anyone who “occupies, without due authorization, a property, home or building belonging to another that does not constitute a residence, or remains there against the will of its owner, will be punished with a fine of three to six months.” For this assumption to occur, there cannot be violence.
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