The Sixth Section of the Provincial Court has ratified a conviction for a minor crime of usurpation against a woman who was "caught" dismantling the lock of a house in Costa Teguise "with the intention of accessing its interior and establishing her residence there."
The events took place on the night of January 24, 2018, and the woman was already convicted in the first instance by the Arrecife Court of Instruction number 2 in October of that year. However, the accused appealed the ruling, which condemned her to pay a fine of 420 euros.
The Provincial Court concludes that "the appeal cannot be upheld, as it is not appreciated that the appealed sentence violates the constitutional right to the presumption of innocence of the appellant, nor the principle in dubio pro reo", a principle that establishes that, in the event that there are doubts about the guilt of the accused, the judicial decision must be favorable to him. And it is that, it considers that the evidence presented at trial "was sufficient"-
In this regard, the court points out that the complainant stated in the trial "how she was in her home and, after hearing some noises, opened the door and found the defendant manipulating the lock", which she then left the place. In addition, it is pointed out that the accused herself acknowledged that she went to the house "with the intention of staying to reside in it, although she was mistaken about the house."
"The lack of obvious justification for the attempted occupation of the house, revealing the change of lock the knowledge of that otherness even though the occupation has not occurred, justify the concurrence of the elements of the type of usurpation" in the degree of attempt, adds also the Sixth Section of the Provincial Court, which thus ratifies the sentence imposed by the Court of Instruction number 2 of Arrecife.