Proposal to toughen penalties against illegal occupation of homes

Automatic summary, not yet reviewed

1. The bill would define illegal occupation as holding someone else's property without title or payment, and would state that illegal occupants cannot claim the protection of home or dwelling against public authorities.
2. It would raise Criminal Code penalties for those who occupy a property with violence or intimidation (one to three years in prison) or without authorization (six to eighteen months). It would also punish those who promote or mark properties for occupation, and clarify that cutting utilities to an occupied property is not a crime of coercion.
3. A judge could order Judicial Police to require occupants to leave within 24 hours or prove a legitimate title. If they do not, the judge would order immediate eviction, with notice to social services if minors or vulnerable people are involved.
4. It would extend to all legal entities the ability to request immediate recovery of possession of a home through a fast-track verbal trial, which is currently limited to certain entities.
5. Homeowners' communities would get tools against occupants who carry out banned activities, with immediate eviction and compensation, and the community president could alert owners to preventive measures such as boarding up doors or installing anti-occupation systems. Illegal occupation would also not allow municipal registration.
6. The Government would have to refund owners the property tax (IBI) and wealth tax paid during the occupation once there is a final court ruling, and would update the municipal registration rules within twelve months. The law would take effect twenty days after publication.

Who it affects

• Owners of homes or properties that are illegally occupied: Could recover their homes faster, with tougher penalties for occupants, and get back property and wealth taxes paid during the occupation.
• Homeowners' communities and their presidents: Could go directly to public authorities against banned activities by an illegal occupant and request immediate eviction and compensation.
• People who occupy properties without title: Would face higher prison terms, and those who promote or mark properties for occupation would be punished as accomplices or instigators.
• Judges, Judicial Police and city councils: Would have to carry out evictions within 24 hours when ordered by a judge and remove illegal occupants from the municipal register.

Words worth knowing

Usurpación (usurpation)

The crime of occupying someone else's property or a real estate right without being entitled to it.

Allanamiento de morada (breaking into a dwelling)

The crime of entering another person's home against their will or staying there.

Juicio verbal (verbal trial)

A fast, simple court procedure for certain claims, such as recovering possession of a home.

Lanzamiento (eviction)

The court-ordered physical removal of a person from a property.

Medidas cautelares (interim measures)

Early court decisions meant to stop the harm while the case is being resolved.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries