It is when someone breaks and enters into a place intending to commit an offence or enters it and actually commits an offence. The mere fact that a person finds himself in a house without a legitimate reason allows the judge to conclude, if there is no other evidence, that the person was there with the intention of committing an offence.

The term place not only includes a dwelling house, but also a building, a construction, a train, a boat, a park with restricted access, an enclosure, etc.

The term breaking has a broad meaning. Breaking a window in order to enter is a type of breaking. Simply opening an unlocked door (or even using a key) is also a type of breaking. Essentially, just entering a place through an opening, without a legitimate reason, can be considered as breaking and entering, even if the opening was not forced or broken.

Breaking also occurs if the person enters thanks to an accomplice who is inside or by uttering threats or using tricks (a false pretext).

Finally, under the law, a person enters a place as soon as a part of his body or a part of one of his instruments (for example, a tool that is used to pick a lock) is inside the place.

Here is an example. Marilyn and Joe are separating. Joe goes to the house of Marilyn’s new spouse, in order to see his kids. Marilyn refuses to let him in, so Joe smashes the door, enters and threatens Marilyn. Joe commits a breaking and entering.

The maximum sentence for breaking and entering is life imprisonment, if the place is a dwelling house. For other places (a store, for example), it is 10 years of imprisonment. The judge must consider it as an aggravating circumstance if the accused person knew that the house was occupied (or if he didn’t care whether the house was occupied or not), or if there was violence or threat of violence.

A person can be accused of being unlawfully in a dwelling house, when he enters or finds himself, without a legitimate reason, in a dwelling, with the intention of committing an offence there. This offence is very similar to breaking and entering, but the accused person can be declared guilty even if he did not enter by “breaking” into the house.

For example, Kebir calls Rami, his ex-roommate. He wants to pick up some of his personal belongings. Rami tells him that he doesn’t think that his stuff is at his place. He offers to look for it first, and asks Kebir to call him back the next day. Kebir is angry and decides to go to Rami’s place and look himself. Rami comes back from the depanneur and finds Kebir in his room. Rami calls the police.

The maximum sentence for this offence is 10 years of imprisonment. The judge must consider it as an aggravating circumstance if the accused person knew that the house was occupied (or if he didn’t care whether the house was occupied or not), or if there was violence or the threat of violence.