Does the tourist enter a dweller does dozen of card take a picture to had been formed in the home invade residential blame illegally? About invading residential blame illegally, our country " criminal law " how to set again? Seek the arm of the law small make up arranged following content for you, hope to be helped somewhat to you!
Teleplay " Dou Ting is good " heat is sowed, it may be said takes internal heat a lot of vocabularies and gold sentence, a lot of actor's lines in drama became friends daily jokingly " package " . The land of still has teleplay find a view as actor's lines fire -- " Su Jialao curtilage " . Recently, a lot of drama are confused people arrive in succession in house door home " play card " , have more very person actually " the late night pays a visit " , to curtilage advocate caused huge worry, arrived to fall ill the degree of be in hospital. Take a picture to other residence other of dozen of card, harrass, the action of what property to attribute? Had formed " criminal law " of the regulation invade residential blame illegally? Let small make up taking you to view this charge is what appearance after all!
One, " criminal law " of the regulation invade residential blame illegally
Basis " criminal law of People's Republic of China " the 245th the 1st section provision: "Ransack illegally other body, residence, invade other house illegally perhaps, be in 3 years of the following set term of imprisonments or arrest battle. " this blame is to point to enter other house illegally forcibly, perhaps be exited via the requirement and the behavior that unjustifiable refus does not exit other residence.
1, " the residence " limit
Jural to the residence limit not just meaning of literal of bureau be confined to, what still include to be hired is small lie between, the fisher that builds life of the work shed that lives for the worker, fisherman temporarily, before the small shop that spreads after inn... belong to residential limits. Anyhow, the place that has the functional feature that offers family life and the spatial feature that keep apart relatively with the outside, place is the residence in this blame.
2, " invade illegally " limit
The house that the law benefit that this accusation protects is a citizen is quiet authority, namely the citizen is the privacy freedom inside the residence, quiet not by the right of others harrass. Behavior incorporate is made public to agree without host or enter the house secretly inside. After lessor do sth without authorization enters the building of tenant, divorce, apart living do sth without authorization enters former building these two kinds of case, also belong to " invade illegally " , make this crime likely.
3, other issue
Invade residential blame illegally hold water the key sees a scenario serious, hampered badly only the house of other is quiet, ability with guilty decide on sb's punishment. And for instance nobody produce fire in the home, firemen break into, upstairs neighbor falls down not carefully from oneself window, hang in sky to be able to defeat a window to enter your home to wait only urgent avoid danger behavior all does not make this crime.
2, " take a picture dozen of card " whether does the tourist make this crime
Specific in this case, if the tourist is passed,often agree masterly curtilage, enter the residence to take a picture accept as a souvenir does not calculate " invade illegally " , but if be dissuaded by host, after refusing, still enter forcibly old curtilage inside take a picture, the clue is serious make this crime, the penalty that faces 3 years of the following set term of imprisonments or arrest battle!
During be worth Pure Brightness holiday to come, in the article small finally make up remind you: If go having civilian curtilage amuse oneself of travel tourist attraction, must civilized go on a journey, respect local folk-custom, avoid to produce needless issue.
