Someone else breaks into a house at night, what should the owner do?

First of all, you should look at what the person's purpose is, and if it doesn't involve your privacy or security, you should be able to solve it; If the other party intends to infringe on himself, he can consider calling the police, such as calling the community property management security office** or directly calling 110, etc., and in an emergency, you should think of self-defense or run to a safe place.

If the owner injures him, it is best to have evidence that he is defending himself and that he is not defending himself properly. Otherwise, you will be held legally responsible. And it is better to have evidence to prove that someone else is trespassing.

Trespassing: Article 245 of the Penal Code also provides for a person who illegally searches the body or home of another person, or illegally trespasses into another person's home, shall be sentenced to imprisonment for up to three years or criminal detention.

Now the key to doing law is to ask for evidence.

If someone breaks into a house at night, they should immediately call the police for help, if the other party uses force, the owner can fight back to defend himself, but the defense can not be excessive, and excessive defense is also to bear legal responsibility.

Unless the judicial organs of the state enter a private house through due process and for a legitimate reason, any other person who trespasses into a private house without permission is definitely illegal, and it is a violation of the law at least and a crime at worst. The homeowner may file a civil tort lawsuit or a private criminal prosecution.

See if you are hurting yourself, and if so, your attack on this person is called self-defense, so you don't have to be criminally responsible.

Maybe someone broke into a house when they were seeking emergency shelter, and this may be one of them.

Of course, if it is a premeditated and malicious entry into the private house, there is an unfavorable behavior to the owner, and the master's counterattack is considered legitimate defense, but there must be a degree of the matter...

First of all, defend yourself, and call the police when you have the opportunity.

Specific situation Specific analysis.

Legal analysis: trespassing on a private house constitutes a civil tort, and if the circumstances are serious, it is suspected of violating the "Public Security Administration Punishment Law", and even suspected of constituting the "crime of illegal invasion of a house" in the Criminal Law. Pay attention to collecting evidence, communicate and negotiate with the counterparty, and if the negotiation fails, you can contact the village committee or neighborhood committee for consultation, and if the circumstances are serious, immediately report to the police.

Legal basis: Article 39 of the Constitution of the People's Republic of China Article 39 The residence of citizens of the People's Republic of China shall be inviolable. It is forbidden to unlawfully search or unlawfully invade the homes of citizens.

That is, the inviolability of citizens' homes is a basic right of citizens, which is as important as citizens' rights to personal liberty and personal dignity, and is equally protected by law. Criminal Law of the People's Republic of China Article 245 Anyone who commits the crime of trespassing into a dwelling shall be sentenced to fixed-term imprisonment of not more than three years or short-term 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 detention of up to 15 days, a fine of up to 200 RMB, or a warning is to be given.

If someone breaks into the house and the house, the person concerned needs to call the police immediately, and the suspect will be investigated accordingly, and if it involves a criminal offense, the suspect will be arrested in accordance with the law. Zheng Yan stared.

If you encounter someone who trespasses into your home, you can immediately call the police to let the police intervene in the investigation and protect your legitimate rights and interests.

Hide, and then immediately call the police, and when they are discovered, they keep talking to him.

What you are talking about is probably the act of trespassing into a dwelling, which generally refers to the act of entering a citizen's house against the will of the members of the house or without a legal basis, or refusing to leave the house after entering the house after being asked to do so. Illegal trespass on a dwelling may constitute a violation of the Public Security Administration Punishment Law or a violation of the Law of the People's Republic of China due to different circumstances and consequences

Install covert cameras in your home.

If someone is found trespassing on a private house, it is necessary to record and collect evidence in a timely manner.

When it was found that there were Mu Huai people trespassing on private houses, it was necessary to choose whether to attract the attention of neighbors according to the actual situation at the time.

If you find someone trespassing on a private house, you should try to leave the items on the other party as physical evidence.

Trespassing into private houses constitutes a civil tort, and if the circumstances are serious, it is suspected of violating the "Law on the Management and Punishment of Public Security and Preparation", and even involving imitation rocks is suspected of constituting the "crime of intrusion into a house under the non-basic law" in the Criminal Law.

Protected by law, you can sue. In accordance with article 39 of the Constitution, the dwellings of citizens of the People's Republic of China shall not be invaded by skin dryness. It is forbidden to unlawfully search or unlawfully invade the homes of citizens.

Well, it's illegal, so you should call the police.

Legal Analysis: Trespassing on a private house without constituting a crime shall be detained for not less than 10 yards but not more than 15 days, and shall be fined not less than 500 yuan but not more than 1,000 yuan; where the circumstances are more minor, they are to be detained for between 5 and 10 days and fined between 200 and 500 RMB. where a crime is constituted, a sentence of up to three years imprisonment or short-term detention is to be given.

Legal basis: Article 245 of the Criminal Law of the People's Republic of China Whoever illegally searches the body or residence of another person, or illegally trespasses into another person's residence, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention. Where judicial personnel abuse their authority and commit the crimes described in the preceding paragraph, they are to be given a heavier punishment.

Legal Analysis: This crime is objectively manifested in the act of trespassing into another person's home. "Unlawful" means against the will of the members of the dwelling, or without a legal basis.

"Trespassing" mainly refers to entering another person's home without the consent or permission of the owner of the right to dwelling, as well as forcibly entering another person's house despite the opposition and dissuasion of the right.

Legal basis: Article 245 of the Criminal Law of the People's Republic of China: Whoever illegally trespasses into another person's residence shall be sentenced to up to three years imprisonment or short-term detention. Where judicial personnel abuse their authority and commit the crimes described in the preceding paragraph, they are to be given a heavier punishment.

At that time, if it constitutes a minor injury, the beater will be criminally liable and also liable for civil compensation The following compensation can be obtained in personal injury cases: disability compensation (death compensation), funeral expenses, mental injury solatium, medical expenses, transportation expenses, lost work expenses, nutrition expenses, nursing expenses, hospital meal subsidies, living expenses for dependents, disability equipment fees, property damage fees, appraisal fees, lawyer fees, etc Trespass on private houses and report to the police.

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

Article 40. 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 horrific or cruel performances;

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

3) Unlawfully restricting the personal liberty of others, illegally trespassing into another person's home, or illegally searching another person's body.

Here's how to deal with someone trespassing into a private house without permission:

1. Stop infringement: If someone is found to have trespassed into their own house without permission, they should be stopped in time to prevent them from continuing to infringe on their own or others' rights and property. It can be warned by shouting, slapping on the door, etc., or directly exerting reasonable force to stop it;

2. Call the police: If the stop is ineffective or the circumstances are serious, you should call the police in time and ask for help. When receiving the police, it is necessary to provide detailed information, including the number of intruders, gender, appearance characteristics, etc., as well as the specific address and structure of the house, so as to arrive and deal with it in time;

3. Protect the scene: In the process of waiting for the arrival of **, the scene should be protected as much as possible to prevent intruders from continuing to destroy or steal property. The scene can be protected by locking the door, closing the window, etc., to avoid the destruction of evidence at the scene or the theft of property;

4. Seek legal assistance: If the intruder has caused losses, you can seek legal assistance to hold them accountable and claim compensation. Sufficient evidence and supporting materials need to be provided for the lawyer or the court to deal with the case.

The materials for someone to break into a private house without permission are as follows:

1. Relevant information of the intruder: including the intruder's name, gender, age, ID number and other personal information, as well as his appearance characteristics, behavior and other descriptive materials, so that he can be held accountable in the future; Annihilation.

2. On-site **or**: You can shoot the scene**or**, record the situation at the scene, the activities of the personnel, as well as the behavior of the intruder, and provide evidence for subsequent disposal and proof;

3. List of items involved in the case: If it is found that the intruder has stolen property, it is necessary to record the list of items involved in the case in a timely manner, including the name, quantity, and value of the stolen property, so as to make a claim and other follow-up work in the future;

To sum up, trespassing into a private house without permission is a serious illegal act, which involves the infringement of other people's property and personal rights, and should be taken seriously. When dealing with such issues, they should abide by laws and regulations and protect the rights and interests and safety of themselves and others.

Legal basis]:

Article 245 of the Criminal Law of the People's Republic of China.

unlawful search; Whoever illegally searches another person's body or residence, or illegally trespasses into another person's residence, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention.

Where judicial personnel abuse their authority and commit the crimes described in the preceding paragraph, they are to be given a heavier punishment.