The judges of the Audiencia de Madrid unanimously agree to accept the precautionary eviction in cases of squatting

The magistrates adopt this criterion whether the owner is a natural or legal person, whether public or private.

MADRID, 28 Nov. (EUROPA PRESS) -

The magistrates of the Provincial Court of Madrid have unanimously agreed that in general it is considered pertinent to agree on the precautionary measure of eviction and restitution of the property in those cases in which solid evidence of the execution of the crime of trespassing or usurpation is appreciated and the existence of detrimental effects for the legitimate possessor is verified, the Superior Court of Justice of Madrid has reported in a statement.

The agreement was reached at the Sectoral Meeting held last Friday, whose agenda included several issues, including setting criteria regarding the application of the Law on Comprehensive Guarantee of Sexual Freedom.

In this way, the magistrates of the criminal sections deem it pertinent to agree on the precautionary measure of eviction, in the event that it is requested, if there are solid indications of the execution of the crime of trespassing or usurpation.

The magistrates have adopted this criterion whether the taxpayer is a natural person or a legal person of a public or private nature.

The magistrates have taken into consideration not only the victims or harmed by the crime, but also the neighbors to whom the crime may suppose a direct impairment in the full enjoyment of their rights.

And it does so "without prejudice to the fact that when a situation of special vulnerability is observed in the people who occupy the property (minors, people with disabilities, etc.) the social services are simultaneously notified so that they can adopt the measures for their protection, facilitating the appropriate solutions".

In the criteria unification agreement, the magistrates of the Criminal sections of the Provincial Court recall that article 13 of the Criminal Procedure Law empowers the judicial authority to adopt all those measures that are necessary to preserve and protect legal assets offended by the commission of the crime allegedly committed.