speedy trials, express deportation and tougher punishments for mobsters

The PP plan against the phenomenon of squatting It provides for speedy trials so a judge can order evictions, allows police to act immediately if they find an apparent crime has been committed, and tightens sentences of up to eight years in prison for mobsters.

The People’s Parliamentary Group registered this Friday in the Congress of Deputies its proposal for an organic law against illegal occupation and for cohabitation in the neighborhood.

The adoption of the norm would imply an amendment of six laws: the Penal Code, the Civil Procedure Law, the Criminal Procedure Law, the Law on Horizontal Property, the Law on Juries and legislation on tax matters.

[El PP propone una ley para desalojar en 24 horas a los okupas e imponerles hasta 5 años de cárcel]

The text, registered by the PP and signed by Cuca Gamarra, defines illegal occupancy as “the possession or use of another’s property, without payment of rent or mercy, or legal reason, which is not covered by the ordinary generosity or tolerance of the true owner or possessor “.

The proposal states that after the authority’s agents require the squatter to vacate the home, they will have a period of 24 hours to produce a title deed proving they own the property.

If this is not done, the text says, “the public authority or its agents shall proceed with immediate commencement.” The PP proposes to amend Article 795 of the Criminal Procedure Code so that home invasion and usurpation crimes can be resolved through the expedited judicial process. These two offenses will no longer be subject to the Jury Act.

Likewise, the PP proposes to amend Article 250 of the Civil Procedure Law so that homeowners who have been evicted without their consent can speed up the process of requesting the restitution of their property.

[Calvario okupa en Almonacid de Toledo: “Los vecinos tienen miedo a salir de casa”]

The text proposes lifting the penalty of between 6 and 18 months of imprisonment for those who I’m squatting housing against the will of its owner (now the punishment is from three to six months, according to Article 245 of the Criminal Code).

If squatting is produced”with violence or intimidation of people“, the penalty will be from one to three years of imprisonment. In all cases, if the illegal occupation continues for more than 15 days, the highest penalty will be imposed.

If he I’m squatting return the property to the owner within a maximum period of 48 hours, the sentence can be replaced by works for the benefit of the community (31 or 90 days) or a fine of two to twelve months.

But the popular ones put the emphasis on the fight against the mafias, which are dedicated to identifying and I’m squatting empty buildings, often for re-letting or conversion into drug dens.

Neighbors can report

The PP proposes to increase the sentence of eight years in prison, when the illegal occupation is the result of the activities of one of these mafias. And it specifies a sentence of three months to one year in prison for the one who indicates or recommends I’m squatting empty building, for “incitement to occupation“.

The organic law proposal proposed by the PP also establishes that squatters cannot be registered in the municipal register, nor receive the benefits that this procedure entails. The municipalities will be obliged to remove the self-employed from the register ex officio or when the owner reports the situation.

On the other hand, the registered text also aims to enable neighborhood communities to report the presence of squatting to the court in case they carry out any activity “annoying, unhealthy, harmful, dangerous or illegal“.

Thus, the judge can order the immediate release and sentence I’m squatting to pay “appropriate compensation”. This article intends to put an end to narco-apartments and patters that are the result of illegal occupation.

[Así ayuda la ley al okupa: cómo la retuercen y cómo puedes evitar la okupación hasta que cambie la norma]

Similarly, when a community of neighbors finds out that a house in the building has been vacated and there is a risk of illegal occupation, “it will inform the owner of the possibility of adopting preventive measures, such as wooden doors or close doors or windows.

Finally, the PP proposes to amend the tax legislation to exempt the owner from paying real estate tax (IBI) and inheritance tax for the duration of the illegal occupation.

The spokesman for Citizens in Congress, Edmundo Ball, warned that this proposal copies some aspects of the bill against illegal occupation of homes registered by the Orange Party in July 2020, which he prepared together with Joan Mesquida (who died the same year).

The Ciudadanos (Cs) proposal created a “fast, abbreviated and preferential” procedureso that the courts can order immediate eviction if the squatter cannot prove any title to the property after being demanded by the security forces.

The proposal of C

Likewise, Ciudadanos (Cs) wants in its proposal to create a Change of specialist lawyers and solicitors on issues of cases of illegal occupation of immovable property, given that families affected by illegal occupation are often unable to bear the costs of the legal process.

Ines Arimadas’ party also wants the squatters to not be able to register the property in the municipal cadastre, as this procedure would allow them to later register as owners in the Land Registry after the two-year period has expired.

Edmundo Ball points out that his party’s proposal frees the property owners from pay utility bills (such as water, electricity or gas) for the duration of the occupation. Under current law, if the owner cuts off these supplies, he can be prosecuted for the crime of coercion, something Ciudadanos wants to avoid.

Finally, Ball points out that all these measures must be accompanied by an increase in municipal fund of social housingas your group suggests, to prevent intrusion on families without resources squatting.

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