Of great importance is the violation of the inviolability of the home. According to the Constitution of the Russian Federation, everyone has the right to a "roof over their heads." And no one dares to either take it away or invade the territory without demand. The Criminal Code provides for certain penalties in certain cases for an offense. Unfortunately, it is not always possible to protect your home from unwanted guests. Such cases will be presented later. There are not many of them, but in practice they take place.
Housing Definition
But first, what is housing in principle? In the laws of the Russian Federation, this term has a very specific wording. And she should be known in order to understand when there is a violation of the inviolability of the home. This is not so difficult.
A dwelling is any dwelling where a citizen resides. It does not matter to whom it specifically belongs. This can be rented housing or an apartment (house) of relatives. The fact remains - the place of residence of a person is considered a dwelling. No one has the right to expel you from him and invade without permission to his territory. Unfortunately, very often these rules are violated. What can you expect from this? What is the responsibility for violating the integrity of the home?
I go where I want
The first situation: someone is simply invading your territory without your knowledge. Against the will. For example, someone from annoying acquaintances who are unpleasant to you. Aliens who violate the right to integrity. There are not too severe penalties. But they will leave their imprint on the life of the offender.
In the Criminal Code, the article “Violation of the inviolability of the home” provides for a fine. Its size varies and can currently reach 40,000 rubles. It all depends on the specific situation. Or the offender will have to pay the amount of his salary (any other income) for 3 months. Not too cruel compared to what moral damage may infringe on the inviolability of the home.
Job
But that is not all. Section 139, “Violation of the inviolability of the home” also provides for the punishment of corrective or compulsory labor. And also in cases when someone entered your territory without permission, against the will.
Mandatory work in this situation will be about 360 hours. Exact numbers are assigned individually. But no more than the specified period. Correctional work also takes place. They will be in this case up to a year.
Criminal liability for violation of the inviolability of the home is quite common. And if someone without your desire invaded the territory where you live, you can get an arrest. Not too long, but sometimes it's better than nothing at all. For this act, up to 3 months of arrest has been put. This is standard. It is very rare. Therefore, it is necessary to study some more cases.
Threats and violence
Article 139 (Criminal Code) “Violation of the inviolability of the home” provides citizens with several examples of an invasion with appropriate penalties for it. It’s rare that someone simply breaks into a house against the will of a person. Quite often, threats and violence are used here.
If you are faced with this situation, you will have to work hard to understand the punishment. Oddly enough, the offender can get off with the most common fine. Only it is much higher than in the previous case. Up to 200,000 rubles. Or the amount of payments will consist of any other income for 18 months, which the offender receives.
Well, let's work
In addition, the violation of the inviolability of the home (v. 139 The Criminal Code of the Russian Federation) provides for a committed act with the use of violence or threats, as in the previous situation, forced or compulsory labor, as well as arrest. Everything is much more serious here. And, as a rule, this is precisely the case that occurs most often among citizens. It has already been said: few will rush into foreign territory without threats.
The intruder is threatened forced labor for up to 2 years. The same goes for binding and arrest. It turns out that for invading a foreign territory against the will of a person with the use of violence or threats, you can be deprived of freedom (in any interpretation) for 2 years. Already tangible. These are not some miserable 3 months. It is worth considering several times before violating constitutional rights.
Official position
Not the most common, but the existing case is an invasion of someone’s home using official position. The exceptions are situations where, for example, neighbors for one reason or another (noise at the wrong time, threats "outside the wall" and so on) call law enforcement agencies to prevent domestic quarrels and crimes. All other cases are a direct violation of the inviolability of the home. And, by the way, here the punishment will already be significant. Much more serious than the use of threats and violence by an ordinary citizen.
When someone invades your territory using their official position, remember: a fine of 100 to 300 thousand rubles is due for this. Or you will have to pay any other amount, which is understood as the income of the offender for 1-2 years. Specificity is given only when considering each situation as a whole. Even if you are in official housing, no bosses have the right to violate its inviolability and come without demand. Such visits are considered illegal.
Arrest and correction
Criminal liability for violation of the inviolability of the home is also provided for when using one's official position. Arrest here will take the offender about 4 months, and imprisonment (prison) as much as possible can be 3 years.
In addition, everyone is given a chance to rectify. Through forced labor. Mandatory by law are not provided. If someone has invaded your territory using his position, he can be sentenced to 3 years of forced labor. As has already been said repeatedly, the term can vary in each case.
Job deprivation
For citizens who abuse their position, there is a rather interesting measure of punishment. If a person has violated the inviolability of housing and used his own position at the same time, they may be deprived of it. For up to 5 years. And to prohibit in addition to occupy certain positions for the specified period.
Citizen activities may also be limited. In this case, for a period of up to six months, you have the right to deprive you of the opportunity to conduct certain business. In other words, engage in any specific activity. Typically, entrepreneurship, business, politics, and economics fall under the restriction. In general, everything that is important for modern society and making good profits, as well as occupations with high-ranking posts.
Not for all
Unfortunately, sometimes events happen that can surprise the court and law enforcement agencies. Shocking. And few people know exactly how to behave in a particular case. What are you talking about? When the inviolability of housing is broken ... by relatives! Often from citizens, especially from young families, one can hear scary stories about how parents (grandparents, aunts, uncles, brothers, sisters, etc.) visit them without demand and literally break into the house. Under any pretext. Against the will of people. Everything is complicated with the advent of the newborn.
This case causes suffering couples to study the Criminal Code of the Russian Federation and Article 139, “Immunity of Home”.According to these documents, in general no one has the right to invade where people live, against their will. Even if the apartment (house) belongs to the "visitors". Practice shows the opposite. No matter how regrettable this may sound, the law does not work to protect your home from annoying relatives. Only if they break into you with the removal of the front door from the hinges. Going to court with this development of events makes no sense. Kinship is what is exalted above all else. No one will consider such cases. Only in special cases, when acts lead to health problems and harm, for example, the psyche of the child. Here it will still be necessary to prove it. Which, incidentally, is also problematic.
Therefore, if the integrity of your home is violated by your family, act on your own. Remember: no one has the right to invade the territory of your residence without agreement and permission. You can not open the door, hide, change locks - anything. But only act within the law.
