A ‘inquiokupa’ who had rented a house Cordoba in March 2021 by forging his mother’s signature on the contract – thus ensuring his solvency – and that he stopped paying almost 30,000 euros in rent and supplies. sitting on the bench to the husband of the owner of the house, accusing him of having appropriated garbage bags containing some of his belongings that the moving truck had not taken away – alleging that there was “Bulgari” jewelry – by abandoning him shortly before the judicial expulsion.
The accused, the husband of the owner of the house who was able to be recovered with multiple damages in October of the same year, has now been acquitted after three years and after undergoing a trial in which the prosecution requested that the accused victim of the inquiokupa ‘ be charged. two years in prison for not having delivered these bags to certain individuals who had come to her house a few days later on behalf of the tenant found guilty of this squat by falsehood in a commercial document and sentenced to one year and nine months in prison.
The sentence handed down by the Criminal Court 2 of Córdoba, to which ABC had access, indicates that “in this case, although we have the statement of the complainant, little credibility can be granted to her from the moment she was found guilty of the offense of fraud and forgery of a commercial document for having forged her mother’s signature in order to access the accommodation, once she has been evicted from the accommodation which he previously owned. busy, leaving a a significant debt for unpaid rent.
Furthermore, the judgment continues “the same when she denounces the appropriation of a series of jewels, which the expert provided by the defense then proved were it was simple jewelry“.
The owner’s defense lawyer, Manuel Fernández Poyatospresented an expertise consisting of the opening with notarized presence of the garbage bags placed in the garage of the house where he indicated, among other things, that the jewelry was not jewelry but simple costume jewelry.
Be attentive to this recurring practice of “inquiokupas”
For this defense lawyer for the accused, “the sentence shows how contrary to what we think, justice ultimately also protects the owners” after having seen this practice. disturbing and recurring by the “inquiokupas”. And remember that the modus operandi that these people use after being informed that they are going to be evicted is to vacate the accommodation shortly before, leave some belongings and report the landlord for embezzlement.
Owners must be warned that even if the house is returned by the squatter via judicial release They are considered abandoned items, but the problem arises when the person abandons them due to an agreement between the parties – shortly before the judicial release is executed – then this surreptitious element is used.
The recent judicial decision of the Cordoba Penitentiary indicates, among other things, “that in one of the WhatsApp conversations it appears that the tenant left the house on October 5 and proceeded to delivery of keys of the house in the law firmwhich implied that the items he had left in the house, also placed in garbage bags“They were useless items that were left in the hands of the property.”
So much so that, states the judge in the judgment, “even discrepancies arise as to the day on which the carrier returned to the home to collect the rest of the belongings, because even if the complainant the date of the next day, the accused dated it several days later and the witnesses could not specify the exact day on which it happened.
The judge calls her a “tenant-squatter”
The judge once again appeals to logic and concludes that “this is important information, because if the accused was not present during the first trip and did not know the carrier, and the witness was not present either, it is logical to think that the accused did not want to deliver the objects to people who never confirmed that they came from the tenant-squatter“.
In this sense, the judge adds that “especially when it had caused some Shame “that they have reached the amount of 30,000 euros in accordance with the sentence pronounced by the Criminal Court No. 5 of Cordoba and that they condemn her as the author of an offense of damages for this person.”
And as even the list of objects that the inquiokupa denounces as being appropriate does not adapt to reality, since in relation to authentic jewelry, it indicates that they stayed at homethe expertise provided by the defense, and which contradicts the judicial expertise, values such objects at 2,336 euros, specifying that they were simple costume jewelry.
“It doesn’t fit into the rules of logic.”
Jewelry and objects which were stored in garbage bags, the judgment therefore specifies that “it is not unreasonable to think that once the keys to the house were handed over by the complainant, the accused was able to understand that these objects had been abandoned by this person. . “. And it doesn’t make sense for a person to move and leave their stuff stored in trash bags. the most precious possessionsand placed on the porch of the house.
And if to this, adds the judge in the judgment, “it is added that he never contacted the property to recover them, nor ask that they be returned to him in one way or another, and that he also did not consult the minutes of opening of bags in the presence of a notary to carry out the defense’s expertise, all this can suggest that she had abandoned these goods, which she left abandoned in the house once the keys were handed over and the contract was resolved.
In these circumstances, declares the president of the Criminal Court 5, “we must not forget that the offense of embezzlement provided for in article 253 of the Penal Code is eminently intentional, given that in no case has it been accredited that the defendant’s desire was to incorporate such objects into his heritage, since they were deposited in the garage of the house, protected in the best possible way, and waiting for the plaintiff to come and collect them, which she did not never did.
