In recent years, the vocabulary of the crisis has taken a strong hold on the AC family: evictions, vulture funds, unemployment … The bad news was happening in the home of this mother and her four children who, after being expelled in 2008 from the Bankia apartment where they lived, they squatted a BBVA house. A house that would later acquire a vulture background, who denounced them and directed them to a judicial process that ended this September, according to the group of lawyers that has supported them, the Social Studies and Advisory Center (CAES). The Provincial Court of Madrid has just annulled the sentence of the First Court of Instruction of the capital, which sentenced them last June for the crime of usurpation.
A magistrate of section 16 of the Provincial Court, constituted as a one-person tribunal to assess the appeal, considered that the convicts were in a "precarious situation" and, therefore, should be applied the exemption provided in article 20.5 of the Penal Code for those who ignore the law because they are in a "state of necessity" and to "avoid their own or someone else's". According to the opinion of the judge, to which EL PAÍS has had access, the reports of the social services of Madrid have allowed to prove that it is a family nucleus "in clear risk of social exclusion, with low income and irregular".
A. C. is a mother of four children. Two of them are minors. The third one suffers a disability of 44%. And the fourth is unemployed. "The entry into the house was harassed by the economic situation suffered," insists the sentence, which acquits the two convicted by the Court of Instruction number 1 – the progenitor, without a permanent job, and one of the oldest children of age-, who considered them responsible for a misdemeanor crime of misappropriation and imposed a three-month fine (180 euros).
The magistrate of the Provincial Court has also considered that the mother has always acted in "good faith". He tried to negotiate a social rent with the BBVA; asked for help from the authorities, who are studying the granting of a minimum insertion income; and requested the adjudication of the use of a social housing. He even wrote a letter to the Royal House to present his case – "answered kindly in the name of his majesty Queen Sofia," the judge details.
"Such economic and family situation justifies the occupation of a home that belonged at the time to a bank and currently a company specializing in the sale of real estate assets," stresses the Provincial Court, which reproaches this company, "In all likelihood, he knew the occupation of the farm by third parties when he acquired it." And remember that this type of company has dedicated itself to buying houses "in the shadow of the crisis" that in Spain has "suffered".