The PNV group in the Congress of Deputies hopes that PSOE and PP support a proposal of theirs that would allow the Justice to carry out evictions within a period of 48 hours in cases of occupation of other people's homes. The measure will be channeled as an amendment to the bill derived from the omnibus decree. Congress has not yet set a date for discussion of the bill or its amendments, although it is a matter of weeks before they are discussed.
The PNV amendment, specifically, seeks to modify the Criminal Procedure Law (LECrim) to introduce a new article that allows, in cases of crime of occupation of a home (article 245 Penal Code), the judge or court to adopt a reasoned "the eviction measure within a maximum period of 48 hours from the precautionary request by the natural person who is the owner or legitimate possessor by other title, without the need to provide security, as long as, once required, the occupants of the property do not exhibit the legal title that legitimizes the permanence" in it.
The proposal has been registered as an amendment to the bill derived from the decree law of urgent measures in matters of public service of Justice, public function, local regime and patronage, which was validated by Congress in January. The decree was processed as a project to open the door to introducing changes.
The modification proposed by the PNV is, in reality, a synthesis of two previous proposals from PSOE and PP. Not in vain, the PSOE even registered an amendment last legislature to allow evictions in 48 hours, although limited to cases of break-in, not to people who could not afford to pay a rent or a mortgage, but to their business partners. Unidas Podemos advanced their vote against. The PP, meanwhile, advocated allowing evictions within 24 hours.
These proposals declined with the dissolution of the Cortes a year ago and now it is the PNV that puts this legal modification on the table which, if agreed upon, could go forward in a few weeks.
The PNV states in its proposal that "social reality shows that the occupation of housing causes obvious harm to its owners", in addition to harming the environment by causing "coexistence problems", fire risks and a "gradual degradation of the urban environment or devaluation of nearby properties".
The Basque nationalists add that "none of the legal channels currently provided for in criminal proceedings to seek the eviction of the occupation of homes are fully satisfactory and, in any case, they are temporarily delayed in an extraordinary manner, with the consequent damages to the legitimate owners." of housing, in many cases also with a difficult economic, personal or family situation.
According to the PNV, "the precautionary measure of eviction is intended not only to guarantee the successful conclusion of the process or compliance with a future sentence, but also to put an end to the commission of the criminal act."
"Otherwise, allowing the maintenance of a situation whereby the person remains in someone else's home that does not constitute a residence against the will of its owner, would mean tolerating conduct through which the typical aspect of the crime of usurpation of property would be fulfilled. article 245 of the Penal Code, something that beyond the protection to be provided to the injured party, must logically be prevented by judges and courts," they emphasize.
The PNV, finally, warns that "certain groups that operate in the most absolute clandestinity" obtain economic benefits from the occupation of homes by using people in situations of need and demanding compensation from the owner.
