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Conviction standard of the crime of infringing on the property safety of others
The so-called "breaking into houses" means breaking into other people's houses illegally. The criminal law stipulates the conviction standard of trespassing, which refers to the act of entering a citizen's house against the will of the members of the house or without legal basis, or refusing to quit after being asked. 1. Criteria for filing a case: According to Article 245 of the Criminal Law, anyone who illegally intrudes into another person's house shall file a case. This crime is a crime of conduct. As long as the actor illegally intrudes into other people's houses without the consent of the owner of the house, or refuses to quit without reason after being asked to do so, it constitutes this crime in principle and should be investigated. 2. Criminal responsibility. Article 245 of the Criminal Law: Whoever illegally searches another person's body or residence, or illegally invades another person's residence, 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.
Legal objectivity:
Article 245 of the Criminal Law of People's Republic of China (PRC) * * * Whoever illegally searches another person's body or residence, or illegally invades another person's residence, 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. Legal basis: Article 245 of the Criminal Law: Crime of illegal search; Crime of illegal intrusion into a house; Whoever illegally searches another person's body or house, or illegally invades another person's house, 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.
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