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How to sentence for entering the property of the owner's house without authorization?
Legal analysis: the property entered the owner's house without authorization and was suspected of illegally invading the house. According to Article 245th of the Criminal Law of People's Republic of China (PRC), the crime of trespassing refers to the act of trespassing on another person's house or refusing to leave it without reason after being asked to do so. The property has no right to enter the owner's home at will, which constitutes an infringement on the owner's privacy. Privacy is the personality right enjoyed by natural persons, which means that the residence and personal life are not disturbed, and personal information and personal affairs related to society are not improperly disclosed as content, including the control of personal information, the freedom of personal life and the possession of private areas. Its essence is the freedom and tranquility of private life, which protects personal life from prying eyes and interference from good people. The constitution of the crime of trespassing should be limited to those with serious circumstances. That is, only the illegal intrusion into the house that seriously hinders the safety and tranquility of others can be punished as a crime. Whoever invades the owner's residence and seriously hinders the owner's life safety and privacy shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Legal basis: Article 245 of the Criminal Law of People's Republic of China (PRC) illegally searches another person's body or residence, or illegally invades another person's residence, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Any judicial officer who abuses his power and commits the crime mentioned in the preceding paragraph shall be given a heavier punishment.
Article 39 of the Constitution of People's Republic of China (PRC) * * * The homes of citizens of People's Republic of China (PRC) and China are inviolable. It is forbidden to illegally search or illegally invade citizens' houses.
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