Practice Relating to Rule 51. Public and Private Property in Occupied Territory
Section B. Immovable public property in occupied territory
Spain’s LOAC Manual (2007) states: “Immovable public property
. The occupying power may administrate it in accordance with the rules of usufruct.”
Spain’s Penal Code (1995), as amended in 2010, states:
1. Anyone who in the event of an armed conflict commits or orders to be committed any of the following acts shall be punished with four to six years’ imprisonment:
h. Improperly or unnecessarily seizing … immovable property in occupied territory …
2. … In all other cases mentioned in the above article, the higher sentence can be imposed when extensive and important destructions are caused to the property, objects or installations or [the acts] are of extreme gravity.