The Russian Criminal Code has a separate chapter 19, which is devoted to the consideration of crimes committed against the rights and freedoms of citizens, given to them by the Constitution of our country. One of the types of such acts is described in Art. 139. What is the question and what punishment does the law provide for in this case?
Essence of the question
No one has the right to enter a strange house without the desire of his master. Any infringement of this kind is considered a criminal act. It violates the rights granted to a citizen by Article 25 of the Constitution of Russia. It clearly outlines the position of the state regarding the inviolability of housing. Any cases of violation of this right are a criminal offense referred to in Art. 139. In order to correctly qualify a perfect act, you must first disassemble it by composition. First of all, it is necessary to highlight its objective side, which consists in the fact that a certain person without any reason entered the room without receiving the consent of the person living in it.
Moreover, Art. 139 does not provide any restrictions on ownership. A citizen located in a particular house or apartment does not have to be its owner. At the moment, he can simply be there, as a temporary resident or tenant. The main thing is that this be documented. For example, a person in a hotel room or a dormitory room has the right to prevent any unauthorized person from accessing it.
Important Details
As soon as the intruder entered the premises of another person, the crime can already be considered completed. And it doesn’t matter if it was done secretly or openly, in front of everyone. True, there is a small feature. So that the perfect action could be considered in accordance with Art. 139, direct intent is necessary. This fact determines the subjective side of the crime. It turns out that the citizen, clearly understanding that violates the rights of others, continues to commit his actions. And it does not matter what purpose he pursued for this. His idea of the desired result in this case does not play a role. The law here does not provide any distinctions. But at the same time, it is necessary to pay attention to the motive that prompted the offender to commit an unlawful act. It is necessary to clearly understand the cause and driving force of the act. It can be revenge, jealousy or self-interest. In any case, in such a situation, the fault of the offender can be considered obvious.
Penetration Conditions
To consider the actions of citizens in accordance with the Criminal Code under Art. 139 of the Russian Federation, it is necessary mainly to be sure of their illegality and groundlessness.
No one has the right to enter a strange house without the permission of the person who is living in it. The exception is cases of extreme necessity, when such actions are performed to eliminate a clear danger, if it directly threatens the person. For example, firefighters can forcefully enter a living room to eliminate a fire. In this case, their goal is to protect the life and health of a particular citizen. For others, the law provides for certain types of punishment:
- A fine of 40 thousand to all types of income of a citizen for three months.
- Mandatory work for up to 360 hours.
- Arrest for a period not exceeding 3 months.
- Correctional work up to a year.
The specific amount of punishment is determined by the court, depending on the circumstances of the violation.
Aggravation of guilt
There are cases when penetration into a strange house is accompanied by the use by the violator of violence against a person living in it or the threat that such actions will be used. In this situation, you should refer to Part 2 of Art. 139 of the Criminal Code of Russia.
It should be borne in mind that the very fact of violence can be applied not only to the landlord or landlord, but also to his relatives or friends who are currently next to him. This significantly exacerbates the guilt, which leads to a harsher sentence. For such actions, the violator may receive:
- A fine of up to 200 thousand rubles or a payment in the amount of total income up to one and a half years.
- Correctional or forced labor, as well as complete imprisonment for up to 2 years.
Very often, entry into a dwelling is associated with other types of crimes. In practice, for example, cases of invasion with the use of violence are frequent, the purpose of which was the theft of personal property. In such a situation, the court will consider illegal actions under two articles. And the punishment, respectively, is imposed in the total amount.
Law for all
Separately, Art. 139 of the Criminal Code of the Russian Federation in its 3 parts deals with cases where illegal penetration involving violence was committed by persons using their official position.
This situation provides for increased responsibility. This is due to the fact that the employee threatens not only the life and tranquility of citizens, but also his own authority, which discredits the organization in which he works in the eyes of all those around him. It can be anyone: a utility worker, a postman, a courier, or a law enforcement official. Without legal grounds, none of them should violate the rights of citizens, let alone threaten them without any special need. Persons who have committed such acts are required to bear a fair punishment in the form of:
- A fine of 100 to 300 thousand rubles or in the form of a total income for a period of up to a maximum of two years.
- Arrest up to 4 months.
- Forced labor or imprisonment of up to 3 years.
- The ban on engaging in specific activities or holding a specific position for a period of 2 to 5 years.
The amount of punishment ultimately depends on the severity of the guilt.
Detailed explanations
To clearly understand what is illegal entry into a home, Art. 139 contains a separate note. It is necessary in order for the court to be able to correctly assess the current situation. In this appendix, the law clarifies what is meant by housing. Without this, sometimes the situation can be perceived wrongly, which will lead to a serious miscarriage of justice.
According to the law, housing is
- residential building with all its premises;
- premises intended for residence (temporary or permanent), regardless of the form of ownership or its affiliation with the housing stock.
In accordance with this, it is clear that we are talking about a specific room suitable for living. For example, the territory adjacent to a private house does not apply here. The question concerns only the specific structure and the penetration of unauthorized persons inside it. If a resident citizen himself let visitors in, it doesn’t matter which way this was achieved (abuse of trust or deceit). In this situation, the actions of individuals are not considered criminal.
