expedite the restitution of properties to victims of usurpations

expedite the restitution of properties to victims of usurpations

December 6, 2024 – 19:48

The project was prepared by the provincial Executive and highlighted by Governor Ignacio “Nacho” Torres as “a transcendental advance to guarantee the right to property and protect the victims.”

The Chubut Legislature approved this Thursday a reform to the Criminal Procedure Code that will allow the immediate eviction of usurped properties and the restitution to their owners without having to wait for the outcome of the criminal case. The project was prepared by the provincial Executive and highlighted by Governor Ignacio “Nacho” Torres as “a transcendental advance to guarantee the right to property and protect the victims.”

The norm incorporates article 238 bis to Law XV No. 9, which enables the judge to order the eviction of the usurpers and the return of the property to whoever proves to be the legitimate owner. This request may be made by the prosecutor, the complainant or even the victim themselves, even if they have not been constituted as a complaining party.

“What this Law does is guarantee that, in cases of usurpation, the legitimate owner does not have to wait years to recover what belongs to him. Justice has to be at the service of the victims and protect them,” said Torres after the approval.

The governor also highlighted the change in approach that the reform implies: “Our responsibility is to protect good people, and anyone who commits a crime must pay the consequences. Those years where the victims were the criminals are over.”

For his part, Vice Governor Gustavo Menna highlighted that the new legislation seeks to avoid double victimization of those affected by this crime. “Previously, victims of usurpation had to wait for the outcome of a very long criminal process to recover their assets. Now, they may request immediate eviction if they prove the verisimilitude of their ownership,” he explained.

Menna emphasized that the rule seeks to speed up judicial times and provide a concrete response to the victims. “The idea is that whoever suffers an usurpation does not have to suffer twice: first by losing their property and then by facing an endless wait to recover it,” he concluded.

Source: Ambito

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