The PNV Basque Nationalist Party has made a new attempt to change the law to toughen punishments for the crime of ‘squatting’ of properties and expedite evictions, so that prison sentences of between six months and one year can be imposed on those who occupy other people’s properties, homes or buildings that do not constitute a residence and that a maximum period of 48 hours is set for the courts to adopt a reasoned decision of the eviction measure.
This is stated in two of the amendments that the Basque nationalists have presented to the draft organic law on measures regarding the efficiency of the Public Justice Service and collective actions for the protection and defence of the rights and interests of consumers and users, which is being processed in the Lower House.
The parliamentary group led by Aitor Esteban takes advantage of this law to put its proposals in this matter back on the table. To move forward they must have the support of the PSOE or the PP, since government partners such as ERC, Bildu and Podemos are against this type of initiatives.
Specifically, the PNV asks to modify article 245 of the Penal Code, which currently provides for a fine of three to six months for occupying properties that do not constitute a residence, so that it becomes six to twelve months in prison.
These must be imposed at their highest level if the illegal occupation lasts more than 15 days or there is escalation, breaking of a wall, ceiling or floor, fracture of a door, window, forcing of locks, use of false keys or disabling of specific alarm systems.
Furthermore, the PNV wants to punish anyone who, for profit, promotes, favours or intervenes so that another person occupies a property. Specifically, it asks for prison sentences of six months to two years and a fine of six months to one year, without prejudice to the penalties they may incur for the violence they have exercised. If the occupation is carried out by an organised group, it suggests sentences of between six and 18 months in prison.
In another of their amendments, they emphasise the convenience of modifying the Criminal Procedure Law to include a new article that establishes that in cases of housing occupation the court adopts “the eviction measure with reasons within a maximum period of 48 hours from the request.” precautionary measure by the natural person who is the owner or legitimate possessor of the property by another title, without the need to provide security, as long as, once requested, the occupants do not exhibit the legal title that legitimizes their permanence in the property.
“Once the eviction has been agreed upon and before its execution, the public services competent in matters of social policy will be notified in order to facilitate the relocation taking into account the special vulnerability of the occupants or other circumstances of the case,” the amendment adds.
In parallel, the Basque nationalists have registered another amendment to change the Criminal Procedure Law and that the crimes of breaking and entering and usurpation of real estate are included in the list of crimes for rapid prosecution.
The PSOE even registered an amendment last legislature to allow evictions in 48 hours, but limited to cases of break-in, not to people who could not afford the payment of a rent or a mortgage, but partners Unidas Podemos advanced their vote against it. The PP went further and advocated allowing evictions within 24 hours, while Vox spoke of giving “a kick in the ass to the squatters”, although without specifying how.
But these proposals declined with the dissolution of the Cortes for the general elections a year ago. In March, the PNV already registered these amendments, but to the bill derived from the decree law of urgent measures in matters of public service of Justice, public service, local regime and patronage, which was validated by Congress at the end of January and which It was later processed as a project to open the door to introducing changes.
The amendments to that bill were registered in March, but the processing has remained ‘frozen’ since then, so the PNV has chosen to raise its requests again taking advantage of the presentation of amendments to the law on measures regarding efficiency of Public Justice Service.
