How many years in prison is the penalty for trespassing on someone else's residence?
(Baonghean.vn) - After my friend and her husband filed for divorce in court, but the court had not yet resolved the matter, her husband changed the locks and did not allow her to return home. Is this considered trespassing on someone else's residence and subject to criminal prosecution? Question from Mr. Thanh Tung (Que Phong).
Reply:Pursuant to Clause 1, Article 158, Chapter XV of the 2015 Penal Code, amended by Clause 31, Article 1 of the Law amending the 2017 Penal Code, which stipulates the crime of violating another person's residence:
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.”
Thus, the husband who illegally invaded the residence is the one who committed the crime of: "Occupying the residence or illegally preventing the person residing or the person legally managing from entering their residence". If he is a person holding a position, he can also be banned from holding certain positions from 01 year to 05 years.
