Organic Law 1\/2025, of 2 January, has amended Article 795.1.2\u00ba of the Criminal Procedure Act, incorporating the offences of trespassing (Article 202 of the Criminal Code) and unlawful occupation of property (Article 245.2 of the Criminal Code) into the list of offences that may be prosecuted under the fast trial procedure. The reform, which entered into force on 3 April 2025, allows this procedural route to be applied to illegal occupations of dwellings when the following conditions are met: flagrancy, identified perpetrator, and simplicity of the investigation.<\/p>\n
Through this mechanism, duty courts are empowered to order the initiation of criminal proceedings upon receipt of the police report, summon the investigated person to a fast trial hearing, and, in the absence of agreement, set a trial date within a period not exceeding fifteen days. Furthermore, Article 800 of the Criminal Procedure Act provides that the judgment must be issued within three days following the trial hearing.<\/p>\n
One of the main novelties introduced is the possibility of ordering, as a precautionary measure, the early return of possession to the complainant when the investigated person does not provide proof of a legitimate title. This procedural measure allows for more effective action against unlawful occupations, without the need to wait for the criminal decision to become final.<\/p>\n
With regard to non-violent unlawful occupation as set out in Article 245.2 of the Criminal Code \u2014 conduct punishable by a fine \u2014 it should be noted that not all such cases may be handled under the fast trial procedure. Where the requirements of flagrancy, identification of the perpetrator, and simplicity of investigation are not met, these offences will continue to be prosecuted as minor offences, under the procedure laid down in Articles 962 et seq. of the Criminal Procedure Act.<\/p>\n
Consequently, the amendment to Article 795 of the Criminal Procedure Act allows for a swifter criminal response to situations of occupation without title, without the need to resort to the civil route, provided that the act constitutes a criminal offence and the procedural requirements for the fast trial are met.<\/p>\n
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Organic Law 1\/2025, of 2 January, has amended Article 795.1.2\u00ba of the Criminal Procedure Act, incorporating the offences of trespassing (Article 202 of the Criminal Code) and unlawful occupation of property (Article 245.2 of the Criminal Code) into the list of offences that may be prosecuted under the fast trial procedure. The reform, which entered […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[66,57,71,68],"tags":[],"class_list":["post-3787","post","type-post","status-publish","format-standard","hentry","category-blog_eng-en","category-legal-news","category-procedural-and-litigation-law","category-real-estate-and-urban-planning-law"],"yoast_head":"\n