"Violation of the inviolability of the home": article. Penetration into the home (CC RF): comments and punishment

Article 139 of the Criminal Code of the Russian Federation "Illegal penetration into the dwelling" establishes the responsibility for the unlawful intrusion into the premises against the desire of the subject who is / is not in it. Normally, general and qualifying compositions are defined. Let us further consider what is threatening for penetration into the dwelling.

Article of the Criminal Code № 139

For an unauthorized intrusion into a premise against the desire of a subject who is or is not in it, the person is charged with:

1. Penalty up to 40 thousand rubles. Or the amount equal to his income (salary) for 3 months.
2. Mandatory work, the duration of which can be up to 360 hours.
3. Arrest up to 3 months.
4. Corrective labor for up to 1 year.

Qualifying compounds

The article "Penetration into the home" (Criminal Code of the Russian Federation, Article 139) in part two provides for the responsibility for the above-mentioned act with the use of violent actions or under threat of their application. Guilty can be imputed to:

1. Penalty up to 200 thousand rubles. Or equal to his income / salary for 1.5 years.
2. Correctional labor up to 2 years.
3. Imprisonment.
4. Forced labor.

The duration of the last two sanctions is up to 2 years. For penetration into the apartment, the punishment is toughened if the crime is committed with the use of official position. In this case, the guilty person faces:

1. The fine is 100-300 thousand rubles. Or making income / salary for 1-2 years.
2. Forced labor up to 3 liters.
3. Deprivation of the right to carry out a court-defined activity or to stay in specific positions for 2-5 liters.
4. Arrest up to 4 months.
5. Imprisonment up to 3 years.

Penetration into the dwelling (article of the Criminal Code of the Russian Federation): commentary

This norm is in force in fulfillment of the constitutional provision. In the 25th article of the Basic Law it is established, in particular, that the dwelling is inviolable. This means that no one can interfere with it against the will of the subjects in it. The exception is only the cases specifically stipulated by law, or the situations in which the execution of the court decision is carried out. The crime will be considered completed from the moment of penetration into the dwelling of another person by an illegal way.

Note

As a home, within the limits of the commented norm, there is an individual house with premises included in its structure, non-residential ones as well. This category also includes objects, regardless of their form of ownership, related to the housing fund and suitable for permanent / temporary accommodation of citizens. The dwelling is also a building / premise that does not constitute a housing stock, but is operated for temporary residence. It can be an individual house or a separate area in it, a room in a hotel / hostel, a cabana and another temporary building. In the latter cases, the facilities are equipped directly for living in the construction of a railway, power lines, hunting and so on.

Do not apply to dwellings outbuildings, cellars, barns, garages and other structures that are separated from the residential building and are not used for people living in them. It does not include in this group the compartment of the car of the train, the cabin in the ship. This is due to the fact that these objects are in the vehicle.

Subjects of law

The article "Penetration into the home" (Criminal Code of the Russian Federation) applies to persons who illegally invaded both the territory of private property and the object in use. The right to operate the premises must be documented. For the owners - it's about the state registration, for other people - lease / sublease contracts, hiring, warrant and so on. The right of inviolability of the home extends to the title holders, officials, as well as universes, for a certain period, including by the will of citizens already living in it.

The objective part

How is illegal entry into the home characterized? The signs of the objective part of the crime consist in the manifestation of active actions against the will of the victim. The way of committing a crime will not matter. In the event that the criminal's guilt is proved, he will be prosecuted under the Criminal Code of the Russian Federation. Violation of the inviolability of the home can be secret or open. The crime is committed both in the presence and in the absence of victims. The article "Penetration into Housing" (CC RF) provides for responsibility both for direct intrusion into the premises and for monitoring it from within with the use of technical means.

Nuance

If an intruder by deceit, or by abusing trust, has penetrated the dwelling, Article 139 of the Criminal Code of the Russian Federation does not apply. This is due to the fact that the behavior of the attacker is absent from the composition in question. In cases of abuse of trust or deceit, the offender enters the premises at will of the victim.

The subjective part

The act, for which the article "Penetration into housing" establishes, the Criminal Code of the Russian Federation characterizes as intentional. The intent is straightforward. As the subject of the crime under parts 1 and 2 is any sane 16-year-old citizen. In the third part, persons who have used their official position to commit a crime are brought to responsibility. Qualifying the behavior of the subject as penetration into someone else's home, the Criminal Code of the Russian Federation in part two as the key criterion calls the use of violence or the threat of its use.

Exceptions

The subject may be attempted to enter the home. Article of the Criminal Code of the Russian Federation No. 139 does not qualify such actions as criminal if a person invades the premises on the basis of regulations. In particular, we are talking about police officers, operative-search services. In accordance with the norms, the use of the right of infiltration of ATS employees to residential premises and to the plots owned by natural persons occupied by enterprises does not constitute a crime component. Exceptions are the structures and territories of diplomatic representations and consular offices of foreign countries and international organizations. In addition, there is no liability for entering the home for:

1. Rescue property or citizens, ensure the safety of the population in emergency situations and riots.
2. Suppression of criminal activity.
3. Detention of citizens suspected of committing unlawful acts.
4. Detection of the circumstances of accidents.

They will not act as unlawful actions of employees of operative-search services related to penetration into a dwelling with the consent of at least one of the subjects residing in it. Invasion is allowed in the rooms of hotels, rest homes, sanatoriums, boarding houses, tourist camps, camping grounds, other similar complex with the indicated officials in the absence of citizens, but with the permission of the administration of the institution. At the same time, the measures should not be connected with the inspection, finding of property, things belonging to the guests, and the rules / contract provide for the possibility of entering strangers into the room.

Additional qualifications

Illegal penetration into the home (article of the Criminal Code of the Russian Federation No. 139) often becomes a way of committing another criminal act. For example, it could be robbery, theft, robbery. In these cases, the aggregate of crimes is not formed, since illegal penetration is envisaged in these formulations as a qualifying feature. Accordingly, additional qualifications are not required.

Household cases

It should be said that unlawful penetration into housing takes place nowadays quite often. However, not all cases citizens turn to law enforcement agencies. The most striking example is the sudden arrival of the parents of the wife / husband. The problem is especially acute in young families. Formally, the law provides for the possibility of protection. However, in practice, it is rarely resorted to in such cases. The exception, perhaps, are the cases when the relatives arrived literally break open the doors. It is worth noting that by law the family living in the apartment has the full right not to allow visitors to the house. This possibility can be used even when the property owners are the relatives who arrived. Young couples in any case should remember that they have the right to not open the door if the visit is undesirable for them. If relatives begin to threaten, then it is expedient to fix this. If there is evidence, you can try to defend yourself in court. In general, such situations can be completely prevented, if we explain to relatives about the undesirability of their frequent visits.

Conclusion

The inviolability of the home is one of the most important constitutional rights. No one can interfere with the premises against the will of a person, except on the basis of direct regulatory orders or a judicial decision. Judicial practice shows that cases of bringing to responsibility for illegal penetration into a dwelling place have recently become more frequent. Often, the crime in question is committed in conjunction with other unlawful, more serious acts.

In such situations, penetration into the dwelling does not act as the ultimate goal of the attacker. Crime is committed in passing and facilitates another act. There are many controversial points in practice. For example, some citizens claim to law enforcement agencies about illegal entry in cases when someone from acquaintances or unknown people went into the house, but does not intend to leave it. In such situations, the considered norm will not work. This is due to the fact that article 139 establishes responsibility for entering the premises against the will of a citizen. In the example considered, this criterion is absent. Accordingly, there is no corpus delicti.

Part three of the norm establishes a penalty for a crime committed with the use of official position. Such an act poses an increased danger to society, since it implies not only direct encroachment on the premises, but also discredits an employee. In this regard, the sanctions for the crime in part three are substantially toughened. It can be murder, damage to health, kidnapping, rape.