HOW IS THE CRIME OF INFRINGING ON OTHERS’ RESIDENCE PUNISHED?

Every citizen has the right to a legal residence and everyone has the right to inviolability of residence, no one is allowed to enter another person’s residence without consent. Searches of residence must also be carried out in accordance with the law. Therefore, those who infringe on another person’s legal residence may be prosecuted for the crime of “Invasion of residence”.

Table of Contents

1. What is legal residence?

2. How does current law regulate the right to inviolability of residence?

3. Crime of invading another person’s residence according to Article 158 of the 2015 Penal Code, amended and supplemented in 2017.

1. What is legal residence?

According to Clause 1, Article 2 of the 2020 Law on Residence, it is stipulated as follows: “1. “lawful place of residence” means a dwelling over which a citizen has the right to ownership or right to use, including houses, watercrafts, other vehicles or other dwellings as per the law.”

2. How does current law stipulate the right to inviolability of accommodation?

According to Article 22 of the 2013 Constitution, the right to inviolability of accommodation is stipulated as follows:

“1. Every citizen has the right to a legal residence.

2. Everyone has the right to inviolability of his or her home. No one may enter the home of another person without his or her consent.

3. The search of homes shall be prescribed by a law.”

Thus, accommodation is a house, means or other house that a citizen uses for residence. Accommodation is owned by a citizen or rented, lent, or allowed to stay by an agency, organization or individual in accordance with the provisions of law. Citizens have the right to a legal residence, everyone has the right to inviolability of their residence and no one may enter another person’s residence without their permission.

3. Crime of violating another person’s residence according to Article 158 of the 2015 Penal Code, amended and supplemented in 2017.

Pursuant to Article 158 of the 2015 Penal Code, amended and supplemented in 2017, it is stipulated that:

“Article 158. Home infringement

1. Any person who commits any of the following acts shall face a penalty of up to 02 years’ community sentence or 03 – 24 months’ imprisonment:

a) Illegally searching another person’s home;

b) Using violence or threatening to use violence or other illegal tricks to force another person to leave his/her lawful home;

c) Using illegal tricks to occupy a home or obstruct its lawful residents or managers from entering their home;

d) Breaking in another person’s home without the consent of its owner or manager.

2. This offence committed in any of the following cases shall carry a penalty of 01 – 05 years’ imprisonment:

a) The offence is committed by an organized group;

b) The offence involves abuse of the offender’s her position or power;

c) The offence has been committed more than once;

d) The offence results in the suicide of the victim;

dd) The offence has a negative impact on social safety, order, and security.

3. The offender might be forbidden from holding certain positions for 01 – 05 years.”

A person who commits one of the above acts shall be subject to non-custodial reform for up to 01 year or imprisonment from 03 months to 01 year. In addition, the offender may also be banned from holding certain positions for 01 to 05 years.