"Under any circumstances, we must crack down heavily to protect citizens' homes from infringement," said Judge Wang Songbo of the Xinmi City Court. "This depends on the intruder's subjective intent. If they climbed over the wall with the intent to retaliate, it should be considered as illegal intrusion into a residence; if they intended to steal, then it is theft."
Perspective
There is an English proverb: "A man's home is his castle; wind and rain may enter, but the king cannot."
Breaking locks to steal 20 yuan
Reported by Henan Business Daily reporter Wang Hongwei
In fact, as early as February last year, the Zhongyuan District Court of Zhengzhou City had adjudicated a similar case.
Lawyer Zhang Shaochun from Henan Tianzhi Law Firm believed that sentencing for the crime of illegal entry into a residence was debatable. He mentioned that the crime of illegal entry into a residence refers to entering a citizen's home against the will of its occupants or without legal basis, or refusing to exit after being asked. "This crime falls under the category of self-prosecution, meaning the parties involved have the right to decide whether to pursue legal action against the other party."
In our province, the threshold for theft is 1000 yuan. So, does breaking in and stealing 20 yuan constitute a crime? On February 13, Xingyang City People's Court concluded such a case, sentencing local man Hao Liuying to two years in prison for the crime of illegal entry into a residence. In previous cases, when the stolen amount did not meet the statutory standard, the matter was often resolved with public security penalties.
Here, housebreaking theft is specifically listed alongside multiple thefts and larger amounts, making it clear - meeting any one of these conditions constitutes theft.
Deputy Director Zhang Yulu of the Case Management Office of the Anti-Graft Bureau of Zhengzhou Procuratorate said that thieves, having gained experience from previous thefts, are often better prepared and use more covert methods during subsequent thefts, posing greater social harm. In March last year, Zhengzhou Public Security Bureau formed a special team to combat housebreaking theft. By November last year, they had solved 3266 housebreaking theft cases and cracked another 4082 related cases.
Theft less than 1000 yuan is often concluded with public security penalties.
Zhao Xizheng, a staff member of Xingyang City Court, said that when Hao Liuying committed the theft, his main intention was illegal possession of others' property, using illegal entry into others' residences as a means. The acts of entering and stealing have a causal relationship. For dealing with such connected offenses, China follows the principle of punishing according to the heavier crime. In cases where theft is not constituted, criminal responsibility for illegal entry into a residence should be pursued.
Controversy
Such sentences are not isolated incidents.
On the morning of August 24 last year, Hao Liuying from Fan Shui Town in Xingyang City wandered around nearby villages looking to steal some money. Passing villager Chen's house, he noticed the gate was locked and decided to climb over the wall into the yard, smashing the lock to enter the room. After rummaging for a while, Hao only found 20 yuan and some worthless items.
Hao felt aggrieved and left a note saying, "Since I urgently need money, taking a little cash from your house doesn't count as a crime, so don't bother calling the police!" However, just as he was about to leave, he was caught on the spot by villagers.
Eventually, the court sentenced him to one year in prison, suspended for one year, for the crime of illegal entry into a residence. This case was also called Zhengzhou's first case of illegal entry into a residence.
Theft less than 1000 yuan is often concluded with public security penalties in judicial practice. Statistics from Zhengzhou Procuratorate show that the institution handles over 10,000 criminal cases annually, 70% of which are minor cases. Among the minor cases, nearly a thousand indoor theft suspects are arrested.
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Director Guo Wenzheng of the Criminal Division of Zhengzhou High-tech Zone Court stated that in recent years, there has been an increasing number of housebreaking theft cases, seriously affecting public security and people's lives. More people have reached a consensus on housebreaking theft, demanding severe crackdowns.
Phenomenon
Does housebreaking theft under one thousand yuan constitute a crime?
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Wang Xiaowei, an employee at a car sales company in Henan, broke into a residence and stole a card reader worth only a few yuan. That night, feeling dissatisfied, he attempted another theft and was caught. The court believed that although Wang Xiaowei only stole a small amount of property, he carried weapons and used destructive methods like breaking doors and prying open security doors to break into eight households, significantly affecting others' normal living and residential peace. His act of illegally entering others' residences posed relatively high social harm.
"Regardless of the amount stolen, it should be classified and punished as theft." He said that since May 1st last year, Amendment (VIII) to the Criminal Law of our country has been implemented, providing unified regulations for housebreaking theft. Article 39 stipulates that Article 264 of the Criminal Law should be modified as follows: "Stealing public or private property, with a significant amount, or repeated thefts, housebreaking thefts, carrying weapons for theft, or pickpocketing, shall be punished with imprisonment for no more than three years, detention, surveillance, and/or fines..."
Police officer Li Fushan from the special team said that according to Chinese law, the threshold for theft is 1000 yuan. If the stolen amount is less than 1000 yuan, it is generally concluded with public security penalties, such as detention or fines. Only in serious cases is the crime of illegal entry into a residence prosecuted criminally, with a maximum sentence of three years.
How should Hao Liuying be punished? Stealing 20 yuan in cash and some worthless items clearly does not meet the standard for theft. In our province, the threshold for theft is 1000 yuan. The presiding judge believed: Hao Liuying's actions were not merely theft but simultaneously constituted illegal entry into Chen's home. According to the law, a residence, as a place for daily living, cannot be entered without the owner's consent, let alone for the purpose of theft. On February 13th, Xingyang City Court sentenced Hao Liuying to two years in prison for the crime of illegal entry into a residence.
"I've never seen someone sentenced for illegal entry into a residence." This veteran policeman said, "Stealing dozens of yuan, (such a verdict) is too harsh, and the scope of punishment is too broad."