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The increase of the illegal occupation of housing by reason of the economic crisis – with more than 40 complaints per day during the first half of this year, according to the Ministry of the Interior – has led the president of the Partido Popular Pablo Married to put on the table a of the proposed star of his party in this matter: the recovery of the crime of “usurpation” of property with sentences of one to three years in prison. He did so after she denounced the “passivity” of the Executive to this phenomenon. For the leader of the popular, the growth of the cases is “alarming ” and regrets that “the mafia is to profit at the expense of the private property of the spaniards and the safety of the neighbors.”

In a message on his official Twitter account, Married has also reminded that his party had registered over two years ago, a proposition of Law to recover the offence of usurpation of immovable property. Within the same standard, the popular, you also want to ensure that the Police have powers to evict the “squatters” in a maximum of 48 hours ; as well as the city councils have forbidden to enumerate those who have illegally occupied a housing such as is happening in the present. In addition, the PP also includes within its so-called “Plan Antiokupación” give capacity to the neighbouring communities , so that, through the president, may take legal action against the occupation. Something that is not currently contemplated or in the Law of Civil procedure, or in the Horizontal Property.

today, only can act the neighboring communities through the so-called “injunction for nuisance” (loud noises, aggression, insults…), provided for in article 7 of the Law of Horizontal Property.

similarly, the proposal of the Popular Party also proposes that owners that are legal persons can act against the occupation . All of these proposals included the PP in the program with the turnout at past elections. Married, which was accompanied with a video to his tweet, he concluded that “there is not a democratic State are free, you do not defend private property”.

Together with the chairman of the party, also have been uttering in the past few days, other popular leaders such as the speaker in the Senate and former mayor of Vitoria, Javier Maroto , who few days ago claimed that there were “mafias organized in Spain that deal with entering the house of the people to take away what is yours,” and he urged that the State not an answer “weak”. Also forcefully expressed yesterday by the mayor of Badalona and the former leader of the PP in Catalonia, Xavier García Albiol , who argued for being “very hard” in the fight against this phenomenon and warned that his Government “will not stop” to end this social scourge.

laps with the Law

On the theft , the professor of Procedural Law at the University of Jaén and a practicing attorney in Martinez – Echeverria Rafael Cabrera, warns that now is hard to prove since it requires that there be “violence upon the person”. Also, unlike burglary, is competent the Court of Criminal which can take in to quote for a trial, “a year or more.”

In the opinion of this expert, one possible solution would be to introduce this kind of procedures within known as “speedy trials criminal” . Cabrera has pointed out that “in almost fifteen or twenty days, we would have a sentence”. In his opinion, “from the practical point of view, has not been given with the key, or pathway in the criminal nor in the civil”. A similar idea is part of the proposition of Law presented by Citizens.

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