What are the penalties for illegal entry into the home? Such an offense happens very often. Only, despite the laws, it is not always punished. In judicial practice, there are sometimes situations where illegal entry into a home is generally ignored. But more on that later. What is due for our violation today? What to expect when invading foreign territory?
Home concept
What is a home? Without an understanding of this definition, a discussion of today's topic cannot be continued. After all, illegal entry into a home implies an invasion of a territory. What kind of speech are you talking about?
By dwelling it is customary to mean any place suitable for living. This is where a citizen lives. Regardless of who owns the property. A dwelling can be, for example, an apartment of relatives or personal, rental housing or service.
It turns out that any place where a citizen lives is his home. And everyone has the right to inviolability thereof. Otherwise, the offender is often punished accordingly. But which one?
Criminal Code
According to the Criminal Code, illegal entry into a home is punishable by criminal law. True, in different cases it is necessary to use a variety of measures that differ from each other. To know exactly how to legally protect your home, you need to turn to article 139 of the Criminal Code. She is responsible for violations in the form of illegal entry into the home.
The first part deals with the simplest situation - when someone invades your territory against your will. Here you can get off with the most common fine. But in different sizes. Sometimes there is compensation for moral damage, but this decision is made by the court and is not taken into account in the article.
The fine issued for illegal entry into the home (Criminal Code of the Russian Federation) will amount to up to 40,000 rubles. Payments can also be expressed as any infringer income (for example, salary) for a period of not more than 3 months. In principle, not a very serious punishment.
On the way to correction
But that is not all. Indeed, in part 1 of Article 139 of the Criminal Code of the Russian Federation it is also indicated that in case of illegal entry into the home against the will of the resident, various types of public works can be assigned. The fine in this case is not issued, the defendant will "work out" the punishment for a certain period of time.
Mandatory work in this case can last up to 15 days. This norm is established by law. That is, for illegal entry into someone’s home, you can perform mandatory work for a maximum of 360 hours. And after that, be free.
Correctional labor is also appointed by the court in a similar situation. The maximum term here is able to reach 12 months. Also not the most severe punishment available in the Criminal Code. Illegal entry into the home, as already mentioned, is not so rare. And sometimes it is necessary to put up with more serious consequences for it.
Prisoners
The arrest also has legal force in this case. The court very often encounters just such a punishment for illegal entry into the home. True, the period of arrest for such a violation is not too long.
The maximum that is required by law is 3 months. If someone illegally invaded your territory, you have the right to go to court and demand the arrest of the perpetrator of the incident. For a maximum of 3 months.The exact deadline will be set during the trial. In the presence of aggravating circumstances, of course, it can be increased. This practice is common.
Threats with violence
Responsibility for illegal entry into housing is inevitable. More severe penalties are provided in part 2 Art. 139 Criminal Code of the Russian Federation. Here we are talking about an act committed with threats of use or direct perpetration of violence.
In this case, you can still "get off" with a fine. Only its size will increase significantly - up to 200,000 rubles. Or he is written out in the amount of the income of the accused of a crime for 1.5 years. In principle, it is also bearable.
In fact, such sanctions are rarely applied. Most often, with threats or direct violence accompanying illegal entry into the home, they try to resort to more serious measures of “upbringing”. Which one?
Medium grade
For example, forced and corrective labor. In this situation, they also take place. True, unlike ordinary illegal entry, the sentence increases.
Now coercion to community service can be a maximum of 2 years. Exactly the same period is set for correctional facilities. Certain circumstances can affect the decision of the court. In some cases, these terms are reduced. But they are also able to increase - in the presence of aggravating circumstances.
Please note that arrest is also possible. Only with the use of violence or threats when entering into someone else’s housing will it be more than with the usual "invasion". Such an act is punishable by arrest for no more than 24 months. It is a common measure for illegal entry into the home. Judicial practice indicates that additionally (not based on Article 139 of the Criminal Code of the Russian Federation) moral damage is recovered from the offender. Approximately 200,000 rubles. This is the average figure requested by victims. The court shall independently award compensation for non-pecuniary damage or satisfy the request of the plaintiff in certain cases.
Service
The use of official position for their own selfish purposes is unacceptable. But if this happened to invade someone else's territory, you should expect a serious punishment. Which one? The court will decide.
Most often, the culprit is fired. You can say they take the post. In addition, the law provides for the imposition of restrictions on the conduct of activities of a certain nature, as well as on the ability to occupy senior (managerial) posts.
But not forever. Limitations also apply. Minimum - 2 years, maximum - 5. So for illegal entry into the home using your official position or authority, you can actually lose your habitual work for a long time. A good reason to reflect on actions before invading someone's house.
The highest degree
An attempt to illegally enter the home (as well as directly implement this violation) using official position is a terrible thing. In court, it will be punished in the highest rank. Often, instead of this measure, a fine is assigned (up to 300 thousand rubles or in the form of the accused’s income for a period not exceeding 2 years).
Forced labor and imprisonment are quite relevant measures to combat offenders. In this case, it is worth hoping that a maximum of 2 years of such restrictions will be imposed on the defendant. Sometimes even less.
In reality, most often the guilty person is arrested for 4 months. This is the limit laid down in accordance with article 139 of the Criminal Code of the Russian Federation. Unlawful entry into the home using one's official position rarely ends with a long prison sentence. If the perpetrator did not hold a high-ranking position, then the minimum period of detention (from practice) is 15 days.
Not for all
Now we know what the Criminal Code says about our current issue.Unlawful entry into a home in real life is much more common than you might think. But not all cases are heard in court. Statements usually remain in the shadows, where relatives become direct participants. The most common case is a visit by parents to the children's home. No invitation. A kind of imposition and encroachment on personal space. These situations in young families are especially aggravated. And they reach a peak when small children appear.
In such cases, it is almost impossible to legally protect yourself and your family, your home. Unless relatives literally take the door off the hinges and break out the locks. You have to act completely on your own. You have every right to not let anyone into your home. Even if the direct owners of the apartment (house) are your parents or other relatives.
Currently, young families no longer go to court because of this kind of family behavior. Such illegal entry into a home is more likely to be social in nature. Therefore, it’s useless to go to the judiciary if you literally do not get out the door. Instead, just keep in mind - you may not open it. And if threats and violence follow you, try to fix it. In this case, you can still count on a lawsuit.
