If you have recently asked yourself: what types of crimes can be committed if they occupy my house? This article is for you. Depending on the situation of the property, we may find ourselves facing a CRIME OF TRESPASSING or a CRIME OF USURPATION.
The main distinction between the two is that in the home invasion it is a property in which you DO reside or live on a regular or occasional basis; and in the case of usurpation, the occupation is on a property in which you do NOT reside or do not live.
The requirements for there to be a CRIME OF TRESPASSING are:
- Occupation without consent.
- The maintenance of that occupation illegally
- The place occupied must be a property in which the affected person resides habitually (first residence) or occasionally (second residences). Article 202 CP
- It is also considered trespassing when the violated address is that of a legal entity or premises open to the public. Article 203 CP
The requirements for there to be a CRIME OF USURPATION, of Article 245 CP, among others, are:
- Occupation with/without violence.
- That the squatters do not have a rental contract or others.
- Express your OPPOSITION.
- That there is an intention to occupy the property illegitimately.
At ToscanoLex we are specialists in Criminal Law, so if you need legal advice on crimes of usurpation or breaking and entering, you can contact us.
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