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.
What is home inviolability
Before talking about the inviolability of the home, it is necessary to clarify what is meant by it in legislative terms.
So, housing is:
- individual residential building with living rooms and non-residential premises;
- an apartment, regardless of its form of ownership, which is included in the housing stock of a particular locality and is intended for living;
- a room in a hotel, a country or garden house, a change house, that is, premises and buildings that are not included in the housing stock, but are intended for human habitation.
Attention! The legal right to inviolability applies not only to buildings and apartments for housing, but also to buildings that are located in the courtyards of houses. For example:
- cellars;
- barns;
- garages;
- other premises separate from residential buildings.
Invasion into the specified territory is possible only on the grounds that are expressly provided for by law:
- relevant decision of the judicial authority;
- cases expressly provided for by law.
A rented apartment has the same right. No one can enter it without the consent of the tenant.
At the same time, Article 3 of the Housing Code of the Russian Federation indicates cases when it is possible to enter housing without obtaining the prior consent of its owners or persons living there:
- saving people and property located there;
- ensuring the safety of citizens during a fire, natural disaster, catastrophe, riots and other emergencies;
- detaining alleged criminals, suppressing an illegal act, establishing the circumstances in which the law was violated or an accident occurred.
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 can be considered a home: | What a home is not: |
| apartment; | cellar; |
| individual residential construction project; | garage; |
| dorm room; | barn; |
| a room in a hotel; | outbuilding; |
| change house; | places on a train or ship (they can’t even be called temporary housing). |
| garden house; | |
| prefabricated house; | |
| various buildings for housing within the boundaries of construction sites. |
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
What types of punishments can be imposed
Responsibility for entering private territory can only be criminal, therefore punishments are imposed only under Article 139 of the Criminal Code of the Russian Federation. From its first part the following can be determined:
- a fine of 40,000 rubles or more. or salary for 3 months;
- compulsory work for 360 hours;
- corrective labor for a year;
- arrest for a period of up to 3 months.
If the crime has been classified under Part 2 of this article, then the following sanctions may be imposed:
- a fine of up to 200,000 rubles. or salary for 1.5 years;
- correctional or forced labor for 2 years;
- imprisonment for the same period.
According to Part 3 of Article 139 of the Criminal Code of the Russian Federation, the court may order the following preventive measures:
- fine in the amount of 100,000 rubles. or salary for 1-2 years;
- ban on holding certain positions or activities for 2-5 years;
- forced labor for 3 years;
- arrest for 4 months;
- imprisonment in a colony for a period of up to 3 years.
The specific type of punishment is assigned taking into account the factors that accompanied the incident, as well as whether the citizen had a criminal record, and his social, financial and family status is taken into account.
The punishment is imposed taking into account all the circumstances of the case.
Based on judicial practice, the highest measure – imprisonment in a colony – is very rarely used. Most often, the judge chooses a punishment such as paying a fine.
If the offender has already been prosecuted, the court will apply harsher sanctions to him. Otherwise, he will prefer to give the criminal a chance to reform.
Is it possible to be released from liability?
It can rarely be applied in this case. If in theory it is provided for by the legislative acts of the Russian Federation upon surrender and compensation for damage caused to the owner in the form and amount that were established by the latter, then in practice everything happens somewhat differently.
In most cases, the offender is fined, and if he has a criminal record, he may be sentenced to imprisonment.
For example, citizens rented housing from the owner, who constantly came there both during their presence there and during their absence. They terminated the rental agreement, but before that they submitted an application to the law enforcement department for compensation for moral damage. The court examined the case, determined this act of the housewife under Part 1 of Article 139 of the Criminal Code of the Russian Federation and sentenced her to a fine.
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
Domestic cases
It should be said that illegal entry into housing occurs quite often nowadays. However, not in all cases do citizens turn to law enforcement agencies. The most striking example is the sudden arrival of the wife's/husband's parents. The problem is especially acute in young families. Formally, the law provides for the possibility of protection. However, in practice it is resorted to in such cases quite rarely. The exception, perhaps, is cases when visiting relatives literally break down the doors. It is worth noting that according to the law, a family living in an apartment has every right not to allow visitors into the house. This opportunity can be used even when the owners of the premises are visiting relatives. In any case, young spouses should remember that they have the right not to open the door if the visit is undesirable for them. If relatives begin to threaten, then it is advisable to record this. If there is evidence, you can try to defend yourself in court. In general, such situations can be completely prevented if you explain to relatives that their frequent visits are undesirable.
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.
Special cases
Attention! Recently, situations have begun to arise in practice when law enforcement agencies and courts do not know what to do in cases where relatives of the owners of residential premises are involved. For some reason, these individuals began to believe that they could invade a home without any obstacles, without asking permission.
This is especially true for young families. Thus, the parents of one or the other spouse literally allow themselves to break into the house at a time when they see fit. A complication of the situation occurs at the birth of a child. Both grandmothers and grandfathers are vying to impose their opinions on how to properly care for and raise children. It should be noted that, from a purely criminal understanding, such actions are regarded as illegal entry.
Illegal entry includes cases when the owners of an apartment in which they do not permanently reside invade a residential premises. For example, the parents of the newlyweds gave them an apartment, but it was not re-registered in their name, but remained listed in the registry for the parents. Legal owners believe that they have every right to freely enter the home at any time.
However, this is not the case. There is a direct violation of the norms of the Constitution. Citizens who occupy the premises are guaranteed personal space. No one is allowed to invade it.
Naturally, no one will report relatives to law enforcement agencies. According to the moral standards accepted in our country, it is not customary to sue relatives, especially close ones. However, obsessive visits to grandparents and other relatives cause discomfort to young people.
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.
Exceptions
The subject may attempt to enter the home. Article No. 139 of the Criminal Code of the Russian Federation does not qualify such actions as criminal if a person enters the premises on the basis of regulations. In particular, we are talking about police officers and operational search services. In accordance with the norms, the use of the right of police officers to enter residential premises and areas owned by individuals and occupied by enterprises does not constitute a crime. Exceptions are the buildings and territories of diplomatic missions and consular offices of foreign states and international organizations. In addition, liability for entering a home is not provided for:
- Saving property or citizens, ensuring the safety of the population in emergency situations and riots.
- Suppression of criminal activities.
- Detention of citizens suspected of committing unlawful acts.
- Identifying the circumstances of accidents.
They will not act as illegal actions of employees of operational search services related to entry into a home with the consent of at least one of the subjects living in it. Invasion is allowed into hotel rooms, holiday homes, sanatoriums, boarding houses, tourist centers, camping grounds, and other similar complexes by the specified officials in the absence of citizens in them, but with the permission of the administration of the institution. At the same time, the activities carried out should not be related to inspection, search of property, things belonging to the guests, and the rules/agreement provide for the possibility of strangers entering the room.
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.
The procedure for eviction of illegal tenants through the court
To legally resolve the dispute, the injured party needs to file a lawsuit to evict illegal residents.
It is worth understanding that the defendant may have legitimate papers for the seized home. This makes cases particularly complex, as it requires additional evidence, for example, the court declaring a person incompetent at the time of signing a purchase and sale agreement or concluding a gift transaction. The time it takes to consider them may increase significantly, but this does not indicate a deliberately negative outcome. The procedure itself for eviction of citizens illegally living in your apartment will be difficult and only the court can help you in this situation.
If the judge makes a positive decision, the arbitrary occupation of someone else's premises is stopped.
There are pitfalls in an eviction case, and first we need to know who we want to evict, either the owner, or a registered person in a given living space, or a former spouse, or a stranger. Let's look at individual situations later in the material.
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
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.
Features of the violation
Remember! The peculiarity of the application of criminal punishment is:
- illegal entry into both residential premises and its annexes;
- the method of penetration influences the choice of punishment.
Intrusion into a residential area is indicated by:
- traces of breaking into the front door;
- things scattered around the room;
- other signs, depending on the circumstances and method of penetration.
There are such penetrations as:
- explicit;
- secret.
Penetration is accomplished:
- with the help of a resident who voluntarily opened the front door;
- in a violent manner, by breaking the front door, balcony door, window.
It should be kept in mind that if the tenant himself opened the door and let an intruder into the home, this does not qualify as entry, even though it was done fraudulently. To be prosecuted, the offender must be sixteen years old.
