The Investigating Court number 2 of Arrecife sentenced on March 27 a person as the responsible author of a crime of usurpation for having illegitimately occupied the property of the Port Authority of Las Palmas in the Charco de San Ginés. The sentence is subject to appeal.
The Court has ordered the eviction of this citizen from a occupied dwelling in an illegitimate manner and the payment of a fine of 540 euros to be paid in 90 days. As well as covering the legal costs.
The Court considers the accused responsible for a minor crime of usurpation. This property was occupied by the same person up to two times. The second time, on February 2. Before that, between November 26, 2022 and January 10, 2023, he had lived in this house until the Port Authority of Las Palmas recovered its possession.
In the first occupation he was evicted, "the door and a window were bricked up, as well as the garage door, leaving the main door closed with a security lock and three chains with their respective padlocks", according to the plaintiff's defense.
The second occupation occurred through the main door. Although the defendant claimed that the state of necessity led him to occupy it, the Court concluded that there was "no evidentiary support to justify the existence of a state of necessity." In addition, he lacked "a legal title to legitimize his stay in the property."
The Penal Code includes a different classification of crimes for cases in which the occupied properties are not the habitual residence of the legitimate owner. The case is understood as a minor offense and is therefore attended to before the Investigating Court.
