What should I do if my home is invaded? In today’s blog we are going to talk about a problem that is very common to see today. Anywhere we go we can find with the naked eye that there are uninhabited properties, however the mistake that many people make in thinking that they do not have an owner and decide to move to that place.
Here we will explain what crime these people are committing and how you can proceed legally to recover your home.
Do people trespassing commit a crime?
The answer to this question is that yes, those people who are commonly known as invaders, many times without thinking fall into this error, without knowing that it is a crime.
Accused a relative of a crime in Mexico? Do you need to know if it is a crime to bring weapons into Mexico? Do you need to know if it is a crime to bring marijuana into Mexico? The prosecutor is accusing me of having committed a crime that I did not commit? Has your loved one been in jail in Mexico for years?
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What crime is it?
The crime that is being committed is that of dispossession, of which the first section concerns us, this can be found established in article 395 of the Federal Criminal Code, however it is important to mention that in each criminal code of the different States, it is also It is possible to find the offense, and generally the definitions and penalties are the same.
What is the crime of dispossession and what is the penalty for it?
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The fraction of the aforementioned article is established as follows:
Article 395.- The penalty of three months to five years in prison and a fine of fifty to five hundred pesos will be applied: I.- Anyone who under his own authority and doing violence or furtively, or using threat or deception, occupies a property of another or does use of it, or of a real right that does not belong to you.
So what should I do if my home is invaded?
Now that we know that invading someone else’s home is a crime, all those who are victims of this crime, what they should do is file a complaint with the public prosecutor.
How can I prove the crime?
An example of how the person can help the public prosecutor is presenting all the evidence they have, from witnesses, to contracts, payment receipts, among other things.
What happens if a person or group of people repeatedly invade real estate?
Article 395 of the Federal Criminal Code mentions that those who engage in this action may be aggravated.
What tips can you follow to prevent this from happening?
The most recommended when you are not living at home is:
Always be aware of it, that is, going regularly.
Maintain announcements on private property.
Have surveillance, an example would be security cameras.
Have the property with bars, fence or fence.
The Mexican criminal process explained in English
