A recent case in France again brought to the present issue of the illegal occupation of housing and the difficult balance between the social fragility of the occupation and the protection of property rights. This case, in Montpellier, of a toxicodependent woman who occupied a home and ended up in court, showed how the court seeks to reconcile these two plans, although decisions are not always easy to understand for public opinion.
The court sentenced Marion, a drug consumer and in a situation of great vulnerability, to six months in prison, with suspended sentence for two years and compulsory medical treatment. If you comply with these conditions, you will avoid arrest, but if you fail it may be detained. The decision has a direct impact on the 17 -year -old daughter, who risks being institutionalized.
The accusation highlighted the complexity of the case, noting that Marion consumes cannabis, remains dependent on the heroin and even tried suicide. Although health has been considered, magistrates reinforced that property rights cannot be ignored, according to the Spanish digital newspaper HuffPost.
Owner who welcomed the family
It all began in November 2023 in Saint-André-de-Sangonis, when Christophe, owner with a bipolar disturbance, agreed to receive Marion and his daughter at his home. Later, Marion’s companion was also joined, accompanied by a dog, eight cats and a ferret. The space quickly became insufficient and the family environment was degraded.
Christophe eventually left his own house and went to live with his parents, although he continued to endure the lease. When the dislocation took place, the apartment was in a deplorable state, with dirt and serious damage. What had started as a gesture of solidarity ended in conflict.
Recognition of facts in court
In court, the toxicodependent woman admitted the responsibility: “I got the paw, was going through a bad moment,” he said. At the same time it was defended, “I’m not a delinquent!” The judges eventually acquitted her of the crime of occupation, as she had been invited to enter. Thus, it was not a case of occupation in the criminal direction. Still, it was forbidden to return to Christophe’s house, according to the same source.
Similar situation was repeated with Clément, another man who welcomed her and then saw his family life crumble. Also in this case the judges considered that there was no crime of occupation because there was consent. Restrictive measures of removal and prohibition of contact were applied.
When the law is clear
The situation changes whenever there is forced input proof. A damaged blind is sufficient to configure home violation. In such cases, the French law guarantees the owner rapid instruments to recover possession, including eviction orders issued by the mayors.
As for French legislation, it has been reinforced over the years. The law of July 27, 2023, known as the “anti-occupation” law, aggravated the penalties up to three years in prison and 45 thousand euros of fine. The alleged period of 45 days for expulsion does not correspond to the practice: lawyers explain that when the process takes place without obstacles, the decision can be obtained in only ten days, the source mentioned above mentioned.
Between social fragility and private property
Another important point is that the so -called “winter truce”, which prevents evictions during the winter in certain contexts, does not apply to cases of occupation. Expulsion can be done at any time of the year.
According to the case, this case made it clear that, in France, the occupation without permission finds a firm response from the court. Although the personal circumstances of the occupation are valued, the law continues to protect the right to property primarily, deciding on a case -by -case basis as far as flexibility may go.
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