The law firm Thomás de Carranza has succeeded in getting a court to grant a precautionary measure of immediate eviction before judging the possible crime of usurpation.

The precautionary measure has been legally supported by:

1. Instruction 1/2020 of September 15, of the State Attorney General’s Office, which provides for the possibility of requesting precautionary measures in crimes of trespassing and usurpation for the immediate eviction of the property.
2. The resolutions adopted by the Magistrates of the Criminal Sections of the Provincial Court of Madrid, held on November 25, 2022, which provide for immediate eviction in the crimes of usurpation of real estate and breaking and entering as a precautionary measure, based on art. 13 LECrim.
3. To consider that the legally foreseen requirements are met and specifically:

1. 1. Fumus boni iuris: the appearance of strong indications of the execution of the crime of usurpation.
   2. Periculum in mora – Existence of detrimental effects for the legitimate possessor that reasonably justify the need to put an end to the unlawful situation before the termination of the proceeding, thus restoring the violated legal order as soon as possible.
   3. Necessity and proportionality of such eviction measure: to ensure the protection of the victim against the perpetuation of the crime of usurpation.