from http://www.stichting138a.nl/english
From October the 1st, 2010 the Law 'Squatting and Vacancy' applies in the Netherlands. Under this law squatting is forbidden, the police can evict squads and local councils are given tools to prevent vacancy.
As a result of this policy Stichting 138a was founded. Stichting 138a is a legal expertise centre on squatting and vacancy law. We particularly provide legal advice to squatters and support legal actions based on the squatting and vacancy law.
Stichting 138a is an initiative of independent jurists and lawyers. We keep interested people up to date on our activities by irregularly published newsletters.
Media and press can contact pers@stichting138a.nl
All other mail can be send to info@stichting138a.nl
138a Criminal Code (Netherlands)
1. He who in a home or building, of which the use by the recipient is terminated, unlawfully enters or unlawfully dwell therein, is as guilty of squatting, punished with imprisonment not exceeding one year or a fine of the third category.
2. If he makes use of or threats with resources suitable for intimidating, he is punished with imprisonment not exceeding two years or a fine of the fourth category.
3. In the first and second paragraphs imprisonment may be increased by one third, if two or more persons commit the crime.
Dwell therein. It does not matter if you live in the squat or you are just visiting. It also does not matter if you have squatted the place itself. The purpose of the Act is to make it punishable to stay in a place that was squatted after but also before the 1st of October 2010.
Unlawful means in violation of the law. In case of squats you have no right to stay in the building. If there is an agreement with the owner, your stay is NOT in violation of the law.
Claim means the order to leave the building. Without this order a squat cannot be evicted, because you cannot know if your stay is unlawful. The question is whether the police will think so too.
Resources suitable for intimidating is a very vague description. Because of this vagueness it is unlikely that people will be convicted on this charge. Judges require clear laws.
The penalties are maximum penalties. In the past, particularly for squatting, penalties were much lower. Conditional fines around 250 Euros were common and eviction did not always led to a court case. The question is if this will change.
551a Criminal Procedure (Netherlands)
In case of suspicion of a crime as defined in Articles 138, 138a and 139 of the Penal Code, any police officer may enter the appropriate place. They are all competent to remove or cause to be removed, all persons who are illegally staying therein and all objects that are found there on the spot.
Enter. The police can enter any building suspected of no agreement between users and owner. If you have an agreement with the owner it's best to write this down and show the police immediately when they show up at your door.
Evict. It is not clear if the police can evict everyone and everything with this new law. It is best to say your stay is NOT unlawful. It will be up to a judge to decide if this is true, so the police can evict after the court case. The question is if the police thinks the same.
Squating after October 1st, 2010 (Netherlands)
Squatting after October 1st, 2010
- Living in a squat will be less secure. With this new law police can be at your door any moment. Keep your door closed when the police is around. Talk through the mailbox or from a window on the second floor.
- There is no reason left for the police to enter newly squatted buildings in order to check vacancy.
- Squatting is no longer protected by law, but is still justified. Laws can always be scraped again. If enough people want to get rid of this law squatting will be possible again soon. So tell your community why you squat, whether it is against speculation or simply because you do not have a roof over your head.
- If you have an agreement with the owner make sure you have copies to show the police. Put verbal agreements on paper and copy it.
- There is much talk about whether or not to evacuate after the 1st of October 2010. Municipality, police and the Public Prosecutor make this policy. Your local Squatting Information Point (KSU) may know more about the local policy. The local municipalities can clarify some of your questions. When you are not satisfied with their answers contact your KSU, a lawyer or for example Stichting 138a.
- Contact info of your KSU and lawyers is available on kraak-forum.
By continuing to squat it will be impossible and unaffordable to maintain this law. Maintaining this law may be further discouraged by immediately re- squatting evicted houses, by squatting two new houses after an eviction or by other solidarity actions.
Each squatting action must be fully used to convince people that squatting is still necessary. Should the police be used to protect vacancy? Should antisocial speculators be protected? And should the housing shortage be maintained? We should not choose between winning public opinion or continued activism. We need both! Neither should we choose between living quietly or permanent campaigning. By actions we can show the authorities that maintaining this law is unnecessary and impossible. Only then might we live peacefully again.
Toespraak over kraakverbod.NMG demonstratie part 138a - video
Spirit Of Squatters Collective
We interviewed a lot off people passing by and we were warmly surprised because 95% was positive about squatting... This is just first small part of those chats. The rest would follow...
Spirit Of Squatters Collective : This is solidarity action (like most of our videos). The solidarity is stronger when it is seen by as many people as possible.So...Please use it ! Pass this info to everybody who could be interested !!!
Feel free to embed,link it,send it,screen it etc. Use it=don't loose it. Reclaim the media with us !
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http://www.youtube.com/user/spiritofsquatters Spirit Of Squatters Collective is always trying to report and support good things what are happening around us. We trying at least one time a week show You some news. Our goal is to do it daily but 1st we can not be everywhere and 2nd We don't have enough time mainly to edit ( there are many projects waiting for their time...) That's why we waiting for You to help us support good things with our video channel and with creating independent media.
and that's few words from our pages:
With our activities we want to make this world a better place.Reclaim the media with us.Feel free to use our videos.Now all up to you !!!Real life is beginning when you turn off the tv, computer. See you on the streets in actions !!!
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