Private property needs appropriate protection, but far from always its owner can stand up for himself and repulse attackers. In this situation, the law on the inviolability of the home will help. It clearly states that without the permission of the owner, no person has the right to enter the premises, even if they are law enforcement officers (with rare exceptions). Let us consider in more detail the features of this prohibition.
History of Immunity
The first ideas about the prohibition of interference in personal life arose even at the time of the bourgeois revolution in Europe. Officially, such a right was recorded in the laws of France, later such a concept became international and was adopted in the USSR (“inherited” from Russia). An interesting fact is that in the USA such a thing as private life or personal property is virtually absent. Of course, something similar still exists, but it does not come from the current legislation, but from judicial precedents. Each year, these rights are gradually being modernized in order to better match the changes in the world. In many countries of the world, the law on the inviolability of the home, if it exists at all, actually does not play any role. State structures, if necessary, can ignore this right, which is quite logical, especially when searching for dangerous criminals.
The concept
Art. 25 of the Constitution of the Russian Federation “On the inviolability of the home” does not give a clear definition of what is meant by such a room. However, such data are indicated in Federal Law No. 26. So, a dwelling is understood as a private house, with all residential and non-residential premises included there. Apartments also belong to this definition, in fact, like any other building in which you can at least temporarily reside. Thus, the right to inviolability of the home applies to virtually any premises. Exceptions may be non-residential buildings, but only then in some cases.
It should be remembered that not a single place of residence, even intended for this, but having the function of movement, receives protection from this law. For example, you can be held accountable for entering a private house or apartment, but not in a train compartment, a ship’s cabin, a motor home, and so on. All of them relate to vehicles and the rules there are regulated in a completely different way.
What is the inviolability of the home
The definition is quite simple. The Law on the inviolability of the home implies the fact that no one has the right to enter the premises in any way, unless there is permission from its owner or another person who has the right to live in it. Only in some cases can an exception be triggered if it is provided for by court decisions or by individual rules of federal laws. However, even such situations should be strictly regulated and documented in a timely manner (they may vary depending on the conditions that have arisen).
Punishment for violation
The right to inviolability of the home also implies possible types of fines or other forms of sanctions. If the penetration occurred without the permission of the tenant / owner, without special aggravating conditions, then the punishment can be implemented both in monetary terms, as well as in the form of forced labor or even arrest.So, a person who violated the inviolability of the home, for which another person is responsible, is required to pay an amount of up to 40,000 rubles. If the salary does not allow making such payments, then the total amount of payments may amount to payment for 3 months of the attacker's work. As an alternative, punishment in the form of compulsory labor for 15 days, arrest for 3 months or correctional labor for up to 1 year may be applied. But that is not all.
If the penetration occurred with the use of threats or even violence, the fine is significantly increased, up to 200,000 rubles (or payment for work for a period of 18 months). There is also an alternative - correctional or forced labor for 2 years, and another option is arrest for the same period.
Possible exceptions to the general rule
Article 139 of the Criminal Code does not address issues regarding the conditions under which penetration can still occur. But Art. 25 of the Constitution of the Russian Federation. There, a clear reference is made to the law "On Police", implying the possibility of law enforcement officers entering in the following situations:
- If necessary, establish the circumstances of the accident.
- When you need to stop the crime in progress.
- In the event that there is a need to detain persons potentially guilty of crimes.
- To ensure the proper level of security for any citizens, the public, in an emergency or unrest.
Each time it becomes necessary to take advantage of the above possibilities, the owner and / or residents of the premises where the penetration occurred must be notified no later than 24 hours. Of course, provided that they were not in place at that moment. In any case, it is important to have a special court decision, without which the police officer has no right to carry out such actions. The only option when even it is not required is to make a decision and correct the situation right now if necessary. In this case, the court must be notified no later than one day after the incident. For example, a policeman sees a potential suicide.
If he has such an opportunity, then he has the right to enter his home and prevent an attempted suicide. Also, if a group of criminals, pursued by law enforcement agencies, seizes some dwelling, the police have every right to immediately begin the assault, without waiting for permission from the owners or a court decision. Of course, if such an urgency is really advisable.
Official position and punishment
If the police officer still used his status and illegally entered the premises, he will also be fined. The law on the inviolability of the home implies punishment in the form of an amount up to 300,000 rubles (or wages for 2 years). As in all other cases, there are alternative measures:
- Imprisonment for 3 years.
- Arrest for 4 months.
- Forced work for 3 years.
- Prohibition to hold a position for up to 5 years.
Thus, even police officers cannot take advantage of their official position, and if they decide to do so, the punishment will be quite tangible.
Subject
According to the existing principle of the inviolability of the home, any natural person is considered a violator, provided that he is sane and has reached the age of 16 years. It should perfectly understand the essence of the actions taken, as well as the fact that they are illegal and may ultimately lead to punishment. This is especially applicable to situations involving violence or the threat of its use, not to mention the use of official position.
In the event that the culprit really turns out to be an inadequate person who is simply not able to answer for his actions and at the same time absolutely does not understand the essence of the problem, indulgence may be shown to him.The fine will be reduced, as well as alternative sentences. Some criminals try to take advantage of this feature and pass themselves off as inadequate, but medicine is quite capable of giving a really correct diagnosis. So even if a really sick citizen, not understanding what he is doing, does the work in favor of the criminal group, they will still receive the full punishment. But their "tool", most likely, escapes with a light fine.
Victim
The right to inviolability of the home, which is determined by Article 139 of the Criminal Code of the Russian Federation, implies the existence of an injured party. This is the victim. He is characterized as a person who has received the right to use (or property) the premises. This does not have to be the owner, because the same applies to renting citizens, regardless of which document gives such a right. In addition, by default, absolutely everything that was located at the time of penetration is considered to be the injured party, people living there permanently or those who got there with the permission or knowledge of the owners / residents, provided that the attackers used threats or violence.
Penetration method
Everyone has the right to privacy - the inviolability of the home. It doesn’t matter how it was violated, how the criminal got inside. It can be as simple penetration through a door with threats or violence, as well as a secretive entrance through a window or any other openings. The concept of the inviolability of the home covers the entire spectrum of possible actions of attackers, relying not on the method, but on the actual result, based on which the punishment will already be applied.
Thus, the offender can enter the apartment through the door, break the wall or break the window, but in all cases this will be classified as penetration. The law does not specifically indicate all options for possible entry into the room, since it is impossible to take into account absolutely everything. And no need.
Violence or threats
The offender will receive a maximum term or a maximum fine if he does not just intentionally try to enter the premises, but does it by intimidating residents or causing bodily harm to them. The principle of the inviolability of the home directly relates the scale of the damage caused and the liability for it. So, violence qualifies as a direct impact on the victim, inflicting blows or other types of damage. Threats, in turn, are intimidation of the victim. They can be expressed both verbally and simply swings that can make it clear that an injury will be inflicted. It should be remembered that in addition to liability for entering the home, the injured person also violates Art. 111, 112 and 119 of the Criminal Code, thereby only worsening their position.
Conclusion
Based on the foregoing, we can draw certain conclusions. And the first of them is the fact that the constitutional right to the inviolability of the home in our country is thought out quite well. On the one hand, ordinary citizens are protected both from intruders and the arbitrariness of law enforcement agencies. On the other hand, the police still have the opportunity to ignore such rules under very reasonable conditions aimed at stabilizing the situation, searching for criminals, curbing possible problems, saving lives, and so on. Only a few countries can boast of such.
