Is it illegal to open the door without the owner's permission?

The legal consequence of breaking the law and not entering the house without consent is fixed-term imprisonment of not more than three years or criminal detention, and sneaking into the home of the party while the other party is not at home. The suspect's purpose may be to steal things. Therefore, in judicial practice, it can be concluded that the criminal suspect constitutes the crime of intrusion and theft at the same time, and it is very likely that several crimes will be punished together.

Legal analysis

Anyone in the family who breaks into a house without permission shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. According to the provisions of the standards for filing crimes of infringing citizens' democratic rights, personal rights and dereliction of duty directly accepted by people's procuratorates, those who illegally and forcibly break into other people's houses and affect their normal life and living safety shall be placed on file: 1, those who illegally and forcibly break into other people's houses and refuse to quit after being asked or educated, which seriously affects their normal life and living safety, 2. Breaking into other people's houses illegally, damaging, defacing or moving other people's daily necessities. 3, illegal forced intrusion into other people's homes, dead to tie up lousy dozen, seriously affect the normal life of others. 4. Illegally and forcibly invading and closing other people's houses, making others uninhabitable. 5, illegal forced intrusion into other people's homes, causing other serious consequences. The identification of burglary does not depend on whether there are other people in the house at that time. No matter whether there are people, they can't forcibly enter other people's houses without the consent of the parties. In addition, the relationship between burglary and burglary is vague, which needs to be analyzed according to the circumstances of the crime and other elements of the criminal suspect. After the householder finds out, he still has to call the police quickly.

legal ground

Article 40 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment shall be detained for more than 0/0 days/0/5 days, and a fine of more than 500 yuan/0/000 yuan shall be imposed; If the circumstances are relatively minor, they shall be detained for not less than five days but not more than ten days, and shall be fined not less than 200 yuan but not more than 500 yuan: (1) Organizing, coercing or tricking people under the age of 16 or disabled people to perform horrible and cruel performances; (2) forcing others to work by violence, threat or other means; (3) Illegally restricting the personal freedom of others, illegally invading other people's houses or illegally searching other people's bodies.