What are the elements of the crime of trespassing?
1, the main element. The subject of the crime of embezzlement is the general subject, and any natural person with criminal responsibility can constitute the crime of embezzlement;
2. Subjective factors. The crime of trespassing on houses is subjectively intentional. If the actor knowingly intrudes or does not withdraw, or violates the expression of the right holder's will, or destroys the peace of another person's house, he actively invades or passively does not withdraw, which constitutes the crime of illegally invading the house. A person who enters another person's house by mistake, exits immediately upon discovery, or has to enter another person's house urgently for justified reasons, does not constitute the crime of trespassing. For example, when there is a fire, there is no one at home and consent cannot be obtained. It is a legal emergency for firefighters to break into houses.
3. Object elements. The direct object of the crime of trespassing has always been controversial. Some people think it's the right to live, others think it's the right to live peacefully. At present, the right to housing and peace is the most popular. Personal right is an indispensable right of citizens, and the right to peace in the house is subordinate to personal right, which is the unique right of members in the house.
4. objective factors. The crime of trespassing is objectively manifested as the act of trespassing on other people's houses.
The standards for filing the crime of trespassing on houses are as follows:
1. Breaking into other people's houses illegally and forcibly, and refusing to quit after being asked or educated, which seriously affects the normal life and living safety of others;
2. Illegally and forcibly invade other people's houses, damage, deface or move other people's daily necessities, which seriously affects the normal life of others;
3, illegal forced intrusion, closed other people's homes, making others uninhabitable;
4, illegal forced intrusion into other people's homes, causing other serious consequences.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 245th of the Criminal Law of People's Republic of China (PRC)
Crime of illegal search Crime of illegal invasion of residence 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.