Problems of qualification of crimes, related to illegal entry into the home

Abstract

Given the large number of crimes involving illegal entry into the home, it seems relevant to consider the application of the qualifying feature “illegal entry into the home” in such crimes as theft, robbery, robbery. The purpose of the study is to analyze judicial practice and scientific literature to establish how the application of the qualifying feature “illegal entry into the home” in a number of crimes (in the commission of theft, robbery, robbery) occurs. The author used the methods of analysis and synthesis. As a result of the study it was found that the courts, when applying the qualifying feature “illegal entry into the home” in such crimes as theft, robbery, robbery, pay attention to the initial intent to commit a crime involving illegal entry into the home. Scientific novelty consists in the fact that the error in the qualification of the crime by the bodies of preliminary investigation is revealed. It is important for the law enforcer to determine the initial intent to commit a crime associated with illegal entry into a dwelling in order to qualify the act as theft (robbery, robbery) with illegal entry into a dwelling. In the author’s opinion, despite the fact that the Criminal Code of the Russian Federation contains the concepts of “dwelling”, “storage” and “premises” fixed by law, in practice there may be problems associated with the delimitation of these concepts. To avoid this situation, according to the author’s position, the state should pay more attention to the issue of advanced training of preliminary investigation officers (including seminars).