Illegal entry into a home: definition, punishment under the Criminal Code of the Russian Federation

Having illegally entered someone else's house, a person will be required to answer before the law. Criminal liability is imposed for this. The legislation requires that before entering a home, you must obtain the consent of the owner or have the appropriate court verdict with you.

In all other situations, the act is regarded as illegal entry.

Illegal entry into a home

Peculiarities

Based on Article 25 of the Constitution of our country, it is permissible to enter someone else’s house in the following circumstances:

• if the owner or tenant agrees to this;
• in situations regulated by federal legislation;
• by order of the court.

The right to inviolability of housing concerns only certain subgroups of citizens. First, you need to provide documentation stating that the citizen has something to do with housing.

If a person is against people entering his home, and no special situations have occurred, then entry will be illegal

Who is affected by the inviolability of the home:

• owner;
• citizens who have the right to use housing on the basis of a lease, sublease, lease or order;
• citizens who moved into this housing based on the wishes of the residents who are there legally.

Where to contact

If your rights to privacy of private property are violated, you may contact law enforcement authorities. It is better not to delay submitting your application. You can contact the police or the investigative committee.

Important! You can call the police not only after illegally entering someone else’s home, but also for attempting to do so, as well as if you suspect a person of this.

There are two options for applying: visiting the department in person or submitting an application online.

If it is more convenient for you to visit and submit an application at the territorial departments, then you should contact the reception. You can sign up and find out the appointment schedule on the website of your territorial authority.

It is better to write the application addressed to the head of the insurance company and in a simple form.

To submit an online application, you need to go to the website of the Ministry of Internal Affairs or the website of the investigative committee of your region. Find it there. The application must include your full name and email or postal address. You have the right to attach documents and materials related to the case in electronic format.

If you submit an application on the website of the Ministry of Internal Affairs, your application will be accepted within 3 days. They are considered for up to 30 days and can be extended. You will be informed about this.

Housing concept

Article 139 of the Criminal Code regulates what type of real estate can be considered a home.

Article 139 of the Criminal Code of the Russian Federation

Important ! It is also advisable to include in this term premises that are not part of the housing stock, but are suitable for a person to live there.

In simple terms, any room where a person lives, while storing his property and documents there, can be considered his home. The room itself and the things in it have value, therefore, another person cannot just walk in and take it all away without consequences.

Housing is a room where a person lives and stores his property.

What is theft

Theft refers to a type of theft in which the seizure of other people's property or funds is carried out secretly from the owner himself, but not for witnesses who may be present. It is characterized by the absence of the use of deception or any other tricks, as in fraud.

Theft is a form of theft.

The main feature of this type of theft is the secrecy of its commission. This is what distinguishes it from robbery or robbery. It also differs from these types in that when stealing, violence or its threat is not used. If this occurs, then the crime is qualified under other articles of the Criminal Code of the Russian Federation.

Objects under protection

Intrusion into a protected facility is punishable by law based on the events of the incident. Punishments are regulated by two codes - administrative and criminal. Based on Article 20.17 of the Code of Administrative Offenses, a citizen will be fined for entering a protected facility. The fine ranges from 3 to 5 thousand rubles. If the criminal used any devices to enter, they are confiscated.

There is a fine for entering a protected facility.

If a person enters the territory owned by an underground or underwater facility, the activities of departmental or state security are regulated by current legislation, then he will also have to answer for this. The fine in such a situation is from 75 to 200 thousand rubles. In addition, they may be placed under administrative arrest for 15 days. Devices that facilitate entry into a protected area may be taken away.

Important ! Administrative rules are appropriate in situations where the violation committed does not have signs that would allow the case to be brought under the jurisdiction of the Criminal Code.

If we consider the Criminal Code, then you will have to answer before the law if a person constantly violates the boundaries of the protected territory of an underwater or underground facility. Then you will have to pay 500 thousand rubles or an amount equal to a year and a half of the criminal’s income. Imprisonment or restriction of freedom for a period of no more than two years is also possible.

According to the Criminal Code, you will have to answer if a person regularly enters a protected facility

When it turns out that the act we are considering was committed by a group of people by prior agreement, the members of this group will have to pay a fine of up to 700 thousand rubles, or pay the amount of their two years’ income.

Important ! Violators can be jailed for up to four years. A similar preventive measure is used when a person may reveal state secrets.

Responsibility regulated by the Criminal Code may occur if the offender is punished under the Code of Administrative Offenses for a similar act.

Responsibility under the Criminal Code will occur if a person was previously punished under the Code of Administrative Offenses

Aggravating circumstances

The aggravating circumstances of the crime, regardless of whether the theft is committed with or without burglary, are:

• commission of a crime by two or more persons between whom there was a preliminary agreement, or by an organized group;
• secret theft from the victim’s clothing or carry-on luggage (for example, a bag, package) that was with him;
• causing significant damage to the victim, with the degree of significance determined in each case by the court based on the property status of the injured party;
• theft committed on a large scale, when the value of the stolen property exceeds 250,000 rubles, and on an especially large scale, when the value of the property exceeds 1,000,000 rubles;
• theft from oil and gas pipelines.

Features of home penetration

The crime we are studying has some specifics that you should know. Not every violation of the boundaries of someone else's home will be punished.

We must not forget that a courtyard building, a cellar, a garage, a barn, and so on are not considered a dwelling. In other words, if the premises are located remotely from the house and cannot be used as a home, the act will not be recognized as entering the home. A compartment or cabin is also not accepted as a home. Note that when non-residential premises are combined with a house, violations of their boundaries are illegal.

The garage is not part of the home

It doesn’t matter how exactly a person entered a home, he will be held accountable before the law. There are several ways to enter someone else's home:

• secret;
• explicit;
• being inside a room, refusing to open it;
• when residents open doors;
• gross intrusion.

It cannot be said that there is a crime when a person not only opened the door for the intruder, but also let him inside the home. Deceptions and the use of other people's gullibility do not affect the course of the case. A legal violation is recognized to have taken place from the time of violation of the external boundary of housing.

Important ! The subject of this violation can be any person over 16 years of age.

It doesn’t matter how exactly the person entered the home

When is an action considered completed?

Since when committing a burglary, the main crime is the theft of property, and entry into the premises is only a qualifying feature, the crime can be considered completed if the offender has taken possession of someone else’s property and actually or formally has the opportunity to use it.

The circumstances under which the court assesses the ability of the guilty person to use stolen property are considered individually each time. For example, a criminal detained by security at the exit from a store with a pack of baby diapers did not have time to use them, but a criminal who stole a ring that he put on his finger is already using the stolen item at the time of detention.

Thus, a theft that was interrupted at the time of its commission for reasons beyond the control of the offender is an attempted crime. These may be cases when the criminal was caught by surprise at the time of committing the theft or when he was detained until the opportunity to use the stolen property for personal gain.

Types of liability under Article 139 of the Criminal Code

An important aspect that makes it possible to correctly classify the act in relation to the named article is that the offender had to get into the citizen’s house without obtaining his consent to do so.

There are several types of punishment under Article 139 of the Criminal Code of the Russian Federation

Important ! In theory, if the owner of a house or the people living there allow another person to enter, the act cannot be called illegal.

In practice, it happens that criminals mislead the owners or residents in order to get into the house. However, you will have to try hard to prove that the offender deliberately deceived, wanting to commit a criminal act.

Sometimes, in parallel with this article, those who entered the home are punished under the article “Fraud”

Here the offense relates not only to the article mentioned above, but is also qualified under Article 159 of the Criminal Code (“Fraud”).

The Criminal Code of Russia prescribes the following types of punishments for the act we are considering.

Penalties for illegal entry into a home

From the above, we can conclude that the Criminal Code considers the use or threat of force and abuse of official powers as aggravating circumstances.

How does the law define "Theft"?

The term “theft” refers to the theft of someone else’s property in a secret way. It is the secrecy of the action that distinguishes theft from “robbery.” Article 158 of the Criminal Code of the Russian Federation qualifies theft into three major types:

• Simple.
• Qualified.
• Particularly qualified.

Each species has specific characteristics, so it is easy to distinguish them from each other. Depending on the type of theft, the punishment will be imposed. Special aggravating conditions may also affect the punishment.

How can you legally enter someone else's home?

As we mentioned above, it is legally permitted to enter someone else’s home by obtaining a court verdict or in some situations controlled by law. Let's talk about this in more detail.

Based on Article 15 of the Law “On the Police”, employees of operational search groups have the right to stay in someone else’s housing in the following circumstances:

• to detain citizens suspected of criminal acts;
• to protect people from fires, criminal acts, during riots;
• to prevent the commission of a criminal act;
• to find out what the causes of the accident were.

You can legally enter someone else's house if you have a court verdict.

Access to someone else's house is allowed to employees in the process of operational-search activities. To do this, you must obtain permission from at least one resident or administration of the institution that needs to be examined.

Important ! This rule applies to hotels, tourist centers, campsites and other premises that can be accessed with the permission of the administration.

Based on a court verdict, it is permissible to enter someone else's house in order to search it. However, you need to follow all legislative procedures - official papers and the course of the event.

Police officers can enter someone else's home under special circumstances.

Court practice this year

The number of criminal acts regarding illegal violation of the boundaries of someone else's home is increasing. Note that this crime usually occurs in combination with others: murder, rape, kidnapping, harm to health.

Often, criminals who break into someone else's home do not realize that their actions are a violation of the law.

Due to conflicts or problems with debt collectors, citizens can enter someone else's house without even thinking that they are acting illegally.

Important ! To a large extent, this happens due to emotional stress, heavy drinking and other circumstances.

Often such a crime is carried out simultaneously with others, for example, murder, rape, etc.

It is not easy to highlight under Article 139 of the Code the suppression of the boundaries of the housing of relatives who are the owners of a particular house.

Situations are typical when parents are worried about children who do not want to contact them too often. What can you do to argue that their actions are illegal?

Collecting evidence is not so easy unless there is obvious evidence of a crime - for example, a door was broken down. You will need to independently protect yourself from annoying visitors - the law regulates the hosts’ rules for this. The same circumstances are typical for relations between landlords and tenants of housing.

Any person has the right to defend their property or their home. The Constitution controls this right.

It is important that there is evidence that there was indeed illegal entry

When people entered your house without obtaining consent to this action, you have the right to recognize the act as violating the law, behavior punishable by law.

Important ! The criminal will be held accountable to the law based on the details of violating the boundaries of someone else’s home, and they may even be punished with a real term of imprisonment.

Signs of a staged burglary

Law enforcement officers sometimes encounter staged crimes.
Both criminals and premises owners take such action. The goal of the former is to obtain money from the accused person, the latter, as a rule, are trying to hide a more serious act. The signs of a staging are well known to criminologists. They are:

• absence of fingerprints on furnishings, frames, doors, etc.;
• leaving valuables in place;
• lack of recording of robbers on surveillance cameras and more.

Example: thieves took jewelry from a safe, but left stacks of banknotes untouched.

Court practice regarding the consideration of cases under Article 139 of the Criminal Code

A fundamentally important right regulated by the Constitution is the inviolability of a citizen’s home.

Outsiders do not have the right to violate the boundaries of someone else's home if the residents or owners do not agree to this, and also if the situation does not meet the requirements of federal law. Also, to get into someone else's house, you can get a court verdict.

If the residents themselves do not agree, you cannot enter their home

Important ! If a violator enters someone else's house illegally, he will be punished by law. At the moment, statistics show that the crime we are considering is being committed more and more often.

Usually this act is combined with other crimes that are considered more serious - murder, causing serious harm to health, rape or kidnapping. Then it is obvious that crossing the boundaries of someone else’s home was not the original goal, it occurred only in order to create the ground for other crimes.

The reasons why these crimes are increasing include the deterioration of people’s legal culture, lack of respect for the rights and freedoms of citizens, disrespect for relationships between each other, lack of legal literacy, and disregard for the rule of law.

Such crimes are committed quite often

If we consider court practice, most of these acts are committed on emotions due to conflicts or when debt collectors come to the debtor. Often parents worry excessively about their children and visit them regularly, unknowingly breaking the law.

For example, Ivanov A.A. found guilty due to the fact that, being drunk, he came to the door of the apartment where his friend M lived. He wanted to discuss some matters with R. Ivanov, who was staying in this home. Ivanov rang the doorbell, but they did not open it for him. The citizen pulled the door handle hard, as a result of which the bolt inside broke. Thanks to this, he was able to get into the apartment. After that, Ivanov went inside, ignoring his friend’s right to the inviolability of the house.

Important ! The citizen’s act is qualified under the first part of Article 139 of the Criminal Code.

Let's consider a different situation: Soloviev P.P. was drunk and wanted to talk to his ex-wife, getting into her house. To achieve what he wanted, the citizen knocked loudly on the apartment door. The woman did not want to let the man in, so he broke the window and thus entered the house.

Important ! Solovyov’s act is qualified under the first part of Article 139.

Often such crimes are committed without malicious intent, but they are still punishable

Distinction from related crimes

The theft is carried out secretly. Only the property of the homeowners is at risk. Do not confuse theft with robbery or assault . The last two crimes are also committed with the aim of seizing valuables. However, they are characterized by openness, that is, the victim sees the attackers. In addition, the victim’s life and health are at risk from robbers. Hint: if the thieves, having entered the apartment, encountered the owners and used violence against them, then robbery will be classified. And this is a different article.

General data regarding the elements of the crime we are considering

A citizen is held accountable before the law if he illegally violates the boundaries of someone else’s home.

As for the objective side of the act, this is illegal entry into the house. In other words, a person got inside a home without legal grounds or consent from the residents or the owner.

To get into a house means to go inside, to give oneself access for a given act (to break a law, a door, use a stolen key or a duplicate made, break or open a window, break a wall, and so on).

Important ! A criminal can get into a house either openly or covertly.

You can get into the house both openly and secretly

Paragraph ten of article five of the Russian Code of Criminal Procedure regulates the term “dwelling” in relation to the purposes of regulating production through various investigative and other manipulations. Dwelling – a personal residential building, including various premises, regardless of the form of ownership, included in the housing stock and used for living there, as well as other premises or buildings that are not part of the stock, but suitable for housing.

Violation of the boundaries of someone else’s house, committed without the consent of the owners or residents or the presence of any legal grounds for this act, which we have already mentioned above, is considered a crime.

Trespassing someone else's home is considered a crime.

Let us note that the court does not take into account the path that the criminal used to commit his act. This does not affect the progress of the case. You cannot enter someone else's home unless you have obtained the consent of the residents or owners.

Important ! There are also frequent cases of deception - when criminals use fake documents to enter a home.

For example, citizen Voronin K.A. was sentenced under the first part of Article 139 and the second part of Article 131 of the Criminal Code. He showed Sokolova a fake police officer's ID, entered her home and raped her.

The act is considered completed if the citizen ends up outside the boundaries of someone else’s house, and it does not matter how long the criminal was in the premises.

It doesn’t matter how long a person has been in someone else’s home

In general, based on Article 139, the term entry into a house “against the will of the citizen living there” can be understood differently. This provokes certain difficulties in applying the law.

For example, there are situations when criminals violate the boundaries of someone else’s home if there are no residents there at the moment: when they are working, on vacation, and the like.

Important ! If you look at the court practice, then such acts are understood as illegal entry into a home without taking into account the consent of the residents or owners.

For example, V.V. Morozov, having drunk a hefty dose of alcohol, felt that he was freezing and decided to warm up in someone else’s house, without obtaining the consent of the owner and the tenant who was in the home at that moment. He climbed into the house through the window and went to sleep there. Morozov’s act is qualified under the first part of Article 139.

Sometimes it becomes difficult to prove truly illegal entry

As for the subjective side of the act, this is a direct plan. In other words, the criminal must be aware that his actions constitute illegal entry into a home, moreover, his actions pursue this goal. The reasons why crimes are committed do not matter.

The subject of the crime is a person who is 16 years old.

Important ! Entering someone else's house is allowed in some situations regulated by federal law. A court verdict can also help in this situation.

There are cases when a citizen quite legally ends up in someone else’s house, but then does not want to leave, despite the demands of the owner or tenant. Do these actions constitute illegal entry into a home? Obviously not, since there is no fact of an act that could harm society.

In general, the issue of illegal entry into a home is very controversial and can be understood in different ways. For a more complete picture, it is necessary to study all the laws and carefully consider each specific act.

What influences the verdict?

Only facts can influence the court's decision. Everything that is not proven is interpreted in favor of the defendant. Even a sincere confession by the accused of committing burglary cannot be the basis for his conviction if there is no evidence confirming his guilt.

With the help of a competent lawyer, it is possible to reclassify the crime. So, for example, if you prove to the court that entering the premises did not have the intent to commit theft, and the decision to steal property was formed later, then the case will be reclassified to a more lenient disposition. Thus, the degree of liability will be significantly mitigated.

Moreover, in some cases, reconciliation of the parties is possible, which will allow the criminal case to be terminated, in accordance with the provisions of Art. 25 Code of Criminal Procedure of the Russian Federation. To do this, the court is provided with evidence of full compensation for damage, as well as confirmation of reconciliation of the parties to the criminal case. Even if it is not possible to avoid criminal liability, the court will in any case take into account the existence of reconciliation between the parties. The sentence will also be affected by the reputation of the defendant, the presence of young children, and the particular state of his health. In each specific case, the lawyer finds specific points that may influence the court's decision in favor of his client.

If you are not sure how best to act in your situation to alleviate your guilt, get advice from our specialists. If you have any questions, you can call the phone number provided or directly on our website.