Specifics of Proof in Criminal Cases over Illegal Entry into Dwelling

Abstract

The author examines the process of proving that a person is guilty of criminal infringements on the inviolability of the home on the basis of a list of circumstances to be proven included in Part 1, Art. 73 of the Criminal Procedure Code of the Russian Federation while taking into consideration their specific features typical of the crime under consideration. It is stated that the object of criminal infringements — the right to the inviolability of the home — has its own specifics. This right is violated through illegal entry which could be carried out in different ways. It is noted that the typical feature of the crime under consideration is a practically total absence of criminal actions aimed at the preparation or the concealment of crime. The author presents examples from investigation and court practice that characterize the mechanism of crime, its instruments, circumstances, the personalities of the criminal and the victim. The specifics of investigating crimes under Part 3, Art. 139 of the Criminal Code of the Russian Federation in the situations of active counteraction from the suspect (the accused) are singled out.