The Case Analysis Of Crimes Of Housebreaking By Chen And Other

On August1,2012, Chen and Huang open the window of a building without personliving in with a crowbar. In the process of looking for property in the Building, they werearrested by policeman of County Public Security Bureau police. Zhongfang County People’scourt held that the defendants were guilty of housebreaking， and the two defendants weresentenced to six months.About the case, there are great controversy between family members, prosecutors anddefenders. There are mainly three kinds of views: the two defendants constitute trespass, thetwo defendants constitute the crime of theft, the two defendants are innocent. That the twodefendants constitute trespass is the two defendant "home" and "theft" separated wereevaluated respectively, conviction and punishment. That the two defendants constitute thecrime of theft is that the action of the two defendants is a kind of indoor theft. On May1,2012implementation of the "PRC Criminal Law Amendment (eight)" for burglary cancelledamount and limiting the number of burglary, is a kind of behavioral offense. Two theinnocence of the defendant has two reasons: one is the crime based on the position, that theactions of the two defendants failed to comply with the provisions of the criminal law in theconstitution of crime; one is based on general principles of criminal law provisions of articlethirteenth, claims that the actions of the two defendants are obviously minor, not considered acrime. In this case, other residential tranquility right infringed by the two defendants notobject, objective aspects of the implementation of a kind of theft, theft is based on subjectivevilla property, the actions of the two defendants is totally inconsistent with the constitution ofthe crime of illegal encroachment. At the same time, in this case the two defendants enteredthe place does not have a burglary in the "household" condition, should not be identified theactions of the two defendants for burglary, and, the two defendants did not obtain property,the actions of the two defendants also does not constitute the crime of theft. For the twodefendants, should be identified as innocent.