The Third Section of the Provincial Court of Almería has upheld the judicial decision to evict two individuals who settled without authorization in a property owned by the entity 'TDA 27 Fondo de Titulación de Activos'. The ruling dismisses the defense's arguments, which sought acquittal based on government decrees protecting vulnerable families.
The case, initially investigated by the Court of Instruction No. 1 of Almería, concluded in February 2025 with the couple's conviction for a minor crime of usurpation. The imposed penalty included a fine of 360 euros per person and an order to vacate the property within a maximum period of one month.
The criminal nature of the conduct remains intact. Being vulnerable does not erase the crime, especially considering that the accused did not try to demonstrate during the trial that they had occupied the house driven by an insurmountable "state of necessity.
The magistrates of the Court were clear in rejecting the appeal by the accused, who claimed a situation of "extreme social and economic vulnerability" and invoked the royal decrees from the central Government to suspend evictions. The court stresses that vulnerability does not exempt from committing a crime, particularly since a "state of necessity" under Article 20.5 of the Penal Code was not proven.
The judicial resolution indicates that, if the couple wishes to avail themselves of the state moratorium allowing eviction suspensions until December 31, 2025, they must formally request it during the execution phase of the sentence. At that point, the judge will require a report from the social services of the Almería City Council to verify if they meet the requirements for being considered "economically vulnerable individuals without housing alternatives."
