Is Entering Someone’s Apartment Secretly Illegal?

The concept of home holds great significance across cultures and legal systems worldwide. It is a sanctuary where individuals seek solace, privacy, and safety.  In ancient China,  the Great Ming Code stated that anyone who enters a home at night without reason shall be punished with eighty strokes of the cane. If the homeowner kills the intruder on the spot, no punishment shall be imposed. In Western countries, residences are referred to as personal castles, where “wind and rain may enter, but the king may not.” Safeguarding homes from infringement is also a fundamental practice in safeguarding human rights in countries around the world.

In fact, homes are an extension of individuals’ personal freedom and are closely linked to their property rights, right to rest, right to privacy, and dignity. Article 12 of the Universal Declaration of Human Rights explicitly states: “No one shall be subjected to arbitrary interference with his privacy, family, home, or correspondence.” This indicates the close connection between homes, personal life, family, and communication.

Therefore, I would like to analyse the act of home invasion in both administrative and criminal law perspectives. Article 40 of the “Public Security Administration Punishment Law” states: “Those who commit any of the following acts shall be detained for more than ten days but less than fifteen days, and fined with an amount not less than 500 yuan but not more than 1,000 yuan; those with less severe circumstances shall be detained for more than five days but less than ten days, and fined with an amount not less than 200 yuan but not more than 500 yuan, whereas Article 245 of the “Criminal Law” states: “Those who commit the crimes of ‘Illegal Search’ or ‘Illegal Intrusion into Residences’ by illegally searching the bodies or residences of others, or illegally intruding into other people’s residences, shall be sentenced to imprisonment for a term of less than three years or criminal detention.

So when is the act of invasion of homes an administrative offence versus a criminal offence? The key to distinguishing the two lies in whether it seriously disrupts the living and peaceful life of others.

If someone enters another person’s apartment illegally with the intention of venting frustration, seeking legitimate interests, or if the intrusion is related to debt, compensation, extramarital affairs, or other disputes, or if there is no one present in the house, it is typically classified as an administrative offense.

On the other hand, it constitutes a criminal offense when individuals engage in illegal intrusion into someone’s residence without any underlying conflicts or disputes for the purpose of seeking legitimate interests. When illegal entry into another person’s residence is utilized as a method to facilitate additional criminal activities, including theft, assault, and rape, or the intrusions include a high degree of violence, encompassing actions such as forcefully kicking doors, armed theft, armed assault, robbery, it is generally also classified as a criminal offence.