Is the crime of violating other people's residence subject to criminal prosecution?
(Baonghean.vn) - Mr. Le Van Linh in Quy Hop district asked: Is the act of illegally violating another person's residence subject to criminal prosecution? What is the penalty for this act?
Reply:
The crime of violating another person's residence is the act of illegally searching another person's residence, illegally evicting another person from their residence, or committing other illegal acts that violate the inviolability of another person's residence.
The crime of violating another person's residence is regulated in Article 158 of the Penal Code 2015, amended and supplemented in 2017 as follows:
1. Anyone who commits one of the following acts of violating another person's residence shall be subject to non-custodial reform for up to 02 years or imprisonment from 03 months to 02 years:
a) Unlawful search of another person's residence;
b) Illegally evicting others from their residence;
c) Illegally occupying a residence or obstructing a resident or a person legally managing their residence from entering;
d) Illegal intrusion into another person's residence.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from 01 year to 05 years:
a) Organized;
b) Abusing position and power;
c) Committing the crime 02 times or more;
d) Causing the person whose residence was violated to commit suicide;
d) Adversely affecting social security, order and safety.
3. The offender may also be banned from holding certain positions from 01 to 05 years.
The offender may be subject to non-custodial reform, a term of imprisonment, and may also be banned from holding office.
