Conviction standard of crime against property

Legal Analysis: The houses of China people and citizens are inviolable. It is forbidden to illegally search or invade citizens' houses. That is, the inviolability of citizens' houses is a basic right of citizens, which is as important as citizens' personal freedom and personal dignity and is also protected by law.

The crime of trespassing, the so-called crime of trespassing, refers to the act of entering a citizen's house against the wishes of the members of the house or without legal basis, or refusing to quit after entering the citizen's house. Whoever illegally invades another person's house shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Whoever intentionally destroys public or private property, if the amount is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine, if the amount is huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Legal basis: Article 39 of the Constitution of People's Republic of China (PRC). People's Republic of China (PRC) citizens' homes are inviolable. It is forbidden to illegally search or illegally invade citizens' houses.

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.