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Could it be a crime to break the lock of someone's door and go in without taking anything

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Could it be a crime to break the lock of someone's door and go in without taking anything


        

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  • 2024-06-14 19:00:56

    Could it be a crime to break the lock of someone else's door and go in without taking anything? There should be a certain criminal motivation to break the door and enter the room. If there is no specific criminal act when entering the room, it is an attempt to commit a crime or the crime is discontinued, and the punishment can be mitigated. According to Article 23 of the Criminal Law, an attempt to commit a crime is an attempt to commit a crime if the crime has already been committed and the failure is due to reasons other than the will of the criminal. An attempted offender may be given a lighter or mitigated punishment in comparison with an accomplished offender. Article 24 Discontinuation of a crime refers to a person who, in the course of committing a crime, voluntarily abandons the crime or automatically and effectively prevents the consequences of the crime from occurring. If a discontinued offender has caused no harm, he shall be exempted from punishment; If damage is caused, the punishment shall be mitigated. Then let's extend this question: according to Article 245 of the Criminal Law, anyone who illegally intrudes into another person's house should file a case. This crime is an act crime. As long as the perpetrator illegally intrudes into another person's house without the consent of the owner of the house or refuses to quit without reason after being asked to do so, it constitutes this crime in principle and should be investigated. This crime is intentional in the subjective aspect. If the perpetrator actively intrudes or passively refuses to withdraw when he knows that his intrusion or refusal to withdraw violates the intention of the obligee or destroys the peace of others' houses, it constitutes the crime of illegal intrusion into houses. Whoever enters another person's house by mistake and exits immediately upon discovery, or has to enter another person's house urgently for justified reasons, does not constitute this crime. For example, in case of a fire, no one at home can obtain consent, and the firefighters break into the house, which is a legal emergency. The above is an analysis and answer to the question of whether it can constitute a crime to break the lock of someone else's door and not take something. I believe you must have a deeper understanding.

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