Last Thursday, November 14, the Congress of Deputies approved a amendment to the Criminal Procedure Lawl that affects the situation of squatters in Spain. The reform, initially proposed by the PNV and supported by the PP, Junts, UPN and Canary Coalition, has gone ahead due to the votes in favor of Bildu and ERC, which they themselves describe as an “unjustifiable error.” As for the opposition, this was exercised by the PSOE, Sumar, Podemos and BNG. Vox, for its part, abstained in the vote.
Although it was carried out due to an error, the amendment to the Law is already in the last phase before its approval and entry into force. It is now in the hands of the Senatewhere the PP holds the most. This is why the obvious scenario is approval of the amendment and, therefore, a 180 degree turn in the situation of squatters in our country.
ABC has spoken with Arantxa GoenagaAF LEGIS attorney and real estate law expert, about the details of this amendment. What exactly does it mean, how does the situation of the squatters change, the current status of processing and all the details of the amendment that was approved “by mistake” and will represent a substantial change in the Spanish legal ecosystem.
What does the amendment entail?
First of all, it is necessary to detail what is the current situation of the squatting. Today, before the amendment has been approved, all squatting matters are processed through civil channels. This means that justice does not classify squatting as a criminal offense, so it cannot be prosecuted through criminal proceedings.
However, due to the imminent application of the amendment proposed by the PNV, cases of squatting will be considered criminal offenses. The types with which these cases will be tried are those of breaking and enteringwhen the home in which the squatting occurs is inhabited, or usurpation of residence, when on the contrary it is uninhabited.
Therefore, since squatting procedures are considered crimes, they may be addressed through criminal proceedings. Arantxa Goenaga affirms that lawyers have always been clear about the criminal nature of squatting, since the process usually involves forceful violence. However, Until now it has not been possible to opt for criminal proceedings as a method of prosecuting squatting.
How long will it take to evict a squatter?
One of the main changes that the amendment brings is in the estimated time of execution of the expulsion. Previously, according to Arantxa’s statements, the procedures for launching (expulsion) of squatters could last up to more than a year in certain cases. This delay occurs for several reasons: the obligation to opt for civil proceedings, the ability of squatters to declare themselves vulnerable and delay the process or the saturation of justice, among other causes.
However, With the new amendment there is a very significant change in the deadlines of the procedure. The new crimes with which squatting is classified can be tried through the abbreviated procedure. This procedure consists of a legal formula to resolve certain matters quickly, shortening deadlines and trying to counteract the saturation of justice. Therefore, this means that The squatters will be judged within a maximum period of fifteen days from their being brought to justice.
Lawyers have doubts about deadlines
However, Arantxa points out that lawyers have doubts regarding the adequacy of these deadlines, as he points out that they are often not met. This is due to the saturation of the justice system, since judges do not have sufficient materials. The lawyers call for providing the administration with resources, so that the deadlines established in the law can be respected.
Yetit is clear that, although the deadlines of the abbreviated procedure are not always met, The deadlines for launching squatters will be significantly reduced thanks to the new amendment.
What’s coming now? Can the amendment not come into force?
Regarding the status of the amendment, in the coming days it will go to the Senate for a vote. Since the PP, a supporter of the project, holds the majority in the chamber, the foreseeable scenario is that it comes to fruition and that the Upper House also approves the reform. In this case, the reform would come into force. There will be no turning back, in other words. In the unlikely event that it is not approved in the Senate, the reform would return to Congress to undergo a new vote, but it seems a remote scenario given the course of events.
What type of squatters does the reform affect?
Taking into account the type of squatters that this amendment affects, it is important to differentiate in this regard. Currently, two types of squatting processes are taken into account. One is the classic one, by which a person enters a house (inhabited or not) and settles there. However, in recent years another squatting process has been standardized, in this case due to failure to pay rent. The ‘inquiokupas’, as these cases are called, are those tenants who stop paying or continue occupying the home after the end of the lease contract.
With regard to this law,The amendment will only affect classic squatters. This is because squatting in the use of a home is considered a criminal offense as of the amendment, while failing to pay rent is still considered a civil offense. since it consists of a breach of contract. Therefore, since criminal offenses are those that can be prosecuted through the abbreviated procedure, they are the only cases that are covered by the reform.
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