Can someone sneak into the room at night be sentenced?

If someone sneaks into the room at night, it depends on the purpose of the perpetrator, and if the intention is to commit a crime, the sentence can be reduced if the person wants to burglary.

Relevant legal provisions: In the course of handling a case, the relevant provisions of the Supreme People's Court's "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Robbery Cases" and the "Opinions on Several Issues Concerning the Adaptation of Law to the Trial of Criminal Cases of Robbery and Robbery" may be referred to in the understanding and grasp of "burglary" in Amendment (8) to the Criminal Law. "Burlary" refers to the act of stealing from the outside world by entering the relatively isolated dwelling of another person's life for the purpose of committing the theft, including closed courtyards, herdsmen's tents, fishing boats used by fishermen as family living places, and houses rented for living.

When determining "burglary", attention should be paid to: First, the scope of "household". "Household" here refers to a dwelling, which is characterized by two aspects: for the family life of others and relative isolation from the outside world, the former is a functional feature, and the latter is a place characteristic.

Under normal circumstances, collective dormitories, hotels, temporary construction sheds, etc., should not be identified as "households", but under specific circumstances, if they do have the above two characteristics, they can also be identified as "households". A store that combines the business premises and the residential place into one is not recognized as a "household" during business hours, but can be recognized as a "household" during non-business hours, depending on the circumstances. The second is the illegality of the purpose of "entering the household".

Entry into another person's home must be for the purpose of committing the offence of theft. Where the theft occurs indoors, but the perpetrator does not enter another person's residence for the purpose of committing the crime of theft, but temporarily commits the theft indoors, it is not "burglary".

Where the circumstances are serious enough to constitute a crime, a sentence of up to three years imprisonment or short-term detention shall be given. where it is not sufficient for criminal punishment, they are to be detained for up to 15 days, fined up to 200 RMB, or given a warning.

What to do if someone breaks into your home:

1. Stay calm: Try to keep a calm and clear head so that you can make informed decisions.

2. Find a safe place: If possible, try to move yourself and your family to a safe place, such as locking doors and windows, hiding in a safe room or finding a place to hide.

4. Don't confront directly: Don't confront intruders directly unless you're sure of your own safety. Try to avoid clashes with them as much as possible, so as not to create a more dangerous situation.

5. Pay attention to the collection of evidence: if possible, try to keep the evidence at the scene, such as **, ** or describe the characteristics of the intruder, etc. This evidence may be helpful in the investigation and subsequent legal proceedings.

6. Follow the instructions of **: When ** arrives, follow their instructions and provide necessary assistance. They have the professional training and experience to handle such situations.

To sum up, if breaking into someone's home does not result in minor injuries or the above, intentional harm does not constitute a criminal offense, but only constitutes an illegal practice under the Public Security Administration Punishment Law, and in serious cases, it may be sentenced to re-education through labor, and in the light case, administrative arrest should be carried out. The specific outcome of the injury is determined by the professional judgment organization. If intentional injury constitutes the crime of intentional injury under the Criminal Law, the practice of illegally invading another person's home is used as a means of crime, and is not convicted and sentenced separately, but only as an aggravating circumstance of the crime of intentional injury; If the act of intentional injurious is not a crime, the offence of unlawful trespass into a home should be prosecuted.

If this crime is constituted, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Abuse of power by judicial officials constitutes a heavier penalty for this offence. Where illegal trespassing into another person's home is not sufficient for criminal punishment, a person shall be arrested for up to 15 days, fined up to 200 RMB, or given a warning.

Legal basis]:

Article 40 of the Law of the People's Republic of China on Public Security Administration Punishments.

Those who commit any of the following acts are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB; where the circumstances are more minor, they are to be detained for between 5 and 10 days and fined between 200 and 500 RMB

1) Organizing, coercing, or enticing persons under the age of 16 or persons with disabilities to perform terrorist or cruel performances;

2) Forcing others to work by violence, threats, or other means;

3) Unlawfully restricting the physical liberty of others, illegally trespassing into others' homes, or illegally searching others' bodies.