Few situations generate greater distress among homeowners than returning home after a vacation and discovering that their home has been illegally occupied. In these cases, early police intervention is essential, but it is subject to legal and administrative procedures that dictate the steps to follow. So how does the Police act?
On this topic, Borja Luengo, inspector of the National Police Corps in the Balearic Islands, clarified a few months ago the police actions against the occupation and debunked some common myths. According to the inspector, the key to police action lies in differentiating between a home invasion and other situations.
“If you go out to buy bread or go to work and when you return you find your house occupied, call the police, and we intervene directly because we verify that what you say is true,” said Luengo, who assured that in this type of case, The person responsible is identified and charged with the crime of trespass.
Luengo stressed that flagrancy is a central element so that the police can act without the prior intervention of a judge. «We enter the home when they tell us that someone has just entered. We knock on the door, they open it and, although they claim that they have been there for days, we know that they have just occupied the house,” he explained. In these circumstances, agents return the property to its rightful owner immediately.
«The second residence is also protected»
The inspector also referred to a recent Supreme Court ruling, issued in November, which reinforces criminal protection for both first and second residences. According to this jurisprudence, both types of properties have the same rights against crimes of illegal occupation. This legal advance provides greater support to owners in complex cases, avoiding ambiguous interpretations.
Luengo insisted on the importance of acting quickly and providing evidence to support the complaint. “If a neighbor hears suspicious noises and notifies the owner, we can verify the situation and proceed,” he added.
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