La loi vos droits

Offenders and Accused Persons - Offences

Offences Related to Dwellings

In 1604, an English court decision stated that “the house of every one is to him as his castle […] as well as for his defence against injury and violence, as for his repose”.

Even today, the Criminal Code forbids intruding into someone else’s home.

Contrary to a widespread belief, a person doesn’t need to pick a lock or break a window to be accused of breaking and entering. Also, the protection given to dwellings extends to many other private places: stores, garages, sheds, trains, boats, enclosures, etc.

In this Infosheet, Éducaloi explains the main offences related to dwellings: breaking and entering, and being unlawfully in a dwelling house.

What is breaking and entering?

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 broke and entered into a house allows the judge to conclude, if there is no other evidence, that the person did so with the intent 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 broke up. Joe goes to the house of Marilyn’s new boyfriend, 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.

When can someone be accused of “being unlawfully in a dwelling house”?

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’s girlfriend tells him that Rami harassed her. Kebir goes over to Rami’s place to teach him a lesson he won’t soon forget. He knocks and Rami opens. Kebir throws himself on Rami, punches and threatens him. When Kebir finally leaves Rami calls the police.

The maximum sentence for this offence is 10 years of imprisonment.