The Provincial Court (AP) of Albacete has upheld the conviction of several individuals who occupied, without any authorization, a dwelling that was officially rented to another person, who also continued to pay the rent and expenses incurred by the same occupants. The convicted individuals entered the dwelling between September and October 2023 and stayed there, despite not having permission from the owner or the tenant.

In the initial sentence, these illegitimate occupants were not only obliged to vacate the dwelling within ten days once the sentence became final, but also faced a financial penalty and the payment of compensation to the affected tenant. After this, the accused appealed claiming that there was no bad faith and they were not warned to leave, that their action did not harm the tenant, and that these situations should not be resolved through criminal proceedings. They also requested a reduction in the fine or to suspend it until they found alternative accommodation.

However, the AP dismissed all their arguments and emphasized that the offense of usurpation occurs simply by occupying the house without consent, without the need for prior notice. The court considers that there was bad faith because they were fully aware that the house did not belong to them. Furthermore, they maintain the fine, as there is no evidence of lack of resources, and state that the extension of the eviction is not within the competence of this stage of the process. In conclusion, the conviction is upheld in all its terms. because they knew perfectly well that the house was not theirs. In addition, they maintain the fine, as there is no evidence of lack of resources, and they say that the eviction extension is not within the competence of this phase of the process. In conclusion, the sentence is confirmed in all its terms.