Criminal Lawyers for Usurpation (Squatting)
Defense and representation in property occupation (squatting) and usurpation cases.
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Usurpation (Articles 245-246 Criminal Code) covers the illegal occupation of real property or usurpation of real rights belonging to another. It is the legal framework for addressing squatting (okupación), one of Spain's most socially debated issues. The law distinguishes between violent usurpation (Art. 245.1, with force or intimidation) and peaceful occupation (Art. 245.2, without violence).
Types of Usurpation
Violent usurpation (Art. 245.1 CP) carries imprisonment of 1 to 2 years. Peaceful occupation of a property that is not a regular dwelling (Art. 245.2) is a minor offense carrying a fine of 3 to 6 months. Occupying someone's habitual residence is treated far more seriously and can constitute the crime of illegal entry (allanamiento de morada, Art. 202 CP) with penalties of 6 months to 2 years imprisonment.
Defense Strategies
For the accused: proving a legitimate title or right to occupy (prior rental agreement, verbal permission, adverse possession claim); demonstrating the property was abandoned (not merely unoccupied); arguing state of necessity (homelessness, family with minors). For property owners: we pursue immediate eviction proceedings, combining criminal complaints with civil summary proceedings (desahucio exprés) for the fastest possible recovery of the property.
Penalty Chart
| Type / Scenario | Criminal Penalty |
|---|---|
| Principal Penalty (Art. 245 CP) | Penalty established by the Criminal Code for this offence type. |
| Fines and Ancillary Penalties | Fines and special disqualification linked to Illegal Occupation & Usurpation. |
| Civil Liability | Compensation to victims for damages and losses caused. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Guide to Property Crimes in Spain: Defense Strategies
Property crimes (Crimes Against Assets) are regulated in Title XIII of the Spanish Criminal Code (Art. 234-304). These offenses range from petty theft to complex economic fraud, with penalties varying greatly depending on the amount involved, the method used, and any aggravating circumstances.
Key Distinctions: Theft, Robbery, and Fraud
| Offense | Article | Key Element | Basic Penalty |
|---|---|---|---|
| Minor Theft (Hurto leve) | Art. 234.2 | <400€, no force | Fine 1-3 months |
| Theft (Hurto) | Art. 234.1 | >400€, no force | 6 months – 18 months |
| Aggravated Theft (Art. 235) | Art. 235 | Special items/multi-recidivist | 1 – 3 years |
| Robbery with Force | Art. 240 | Breaking in/tools | 1 – 3 years |
| Robbery with Violence | Art. 242 | Direct threat/intimidation | 2 – 5 years |
| Fraud (Estafa) | Art. 249 | Deception + financial harm | 6 months – 3 years |
Main Defense Strategies in Property Crimes
Challenge the Animus Lucrandi
Demonstrate that the accused had no intent to profit — a valid defense in alleged theft cases.
Contest Valuation
Dispute how the value of the stolen item was assessed. Below €400 = minor offense with much lower penalties.
Prior Consent or Ownership Claim
In disputes between acquaintances, prove the accused believed they had a right to the item.
Recidivism Analysis
Many aggravated theft charges rely on prior criminal record. Challenge the computation of prior offenses.
Chain of Custody (Receiving Stolen Goods)
Challenge the prosecution's evidence that the accused knew the items were stolen.
Error of Type Defense (Fraud)
In commercial fraud cases, demonstrate that the accused genuinely believed their representations were true.
Critical: Time Limits for Evidence
In property crimes, digital evidence (CCTV footage, mobile location data) is often deleted within 30 days. Contacting a specialist lawyer immediately after arrest or charge is essential to preserve exculpatory evidence.
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