Lawyer under Article 162 of the Criminal Code – Violation of the inviolability of housing

For every person, housing is as basic as food and clothing. It is an integral part of a person's personal life. Each of us should be protected from the disclosure of the facts of our personal life. This is impossible without respect for the dignity of each person. The expression "My home is my fortress" most aptly reveals the meaning of the importance of protecting one's own home. The inviolability of housing is regulated by international legal acts. If you need the help of a lawyer under Article 162 of the Criminal Code, the specialists of our law office Prykhodko and Partners are ready to help you with this.

Features of the offense under Article 162 of the Criminal Code

As mentioned above, the protection of housing against intrusion is guaranteed at the legislative level. A search or inspection of private property is carried out exclusively on the basis of a court decision.

Let us consider in more detail the composition of criminal acts under Article 162 of the Criminal Code of Ukraine. This is, first of all, inspection or search of housing without legal grounds.

The objective aspect of the crime is the very fact of inspecting private property without the grounds stipulated by the current legislation. The subjective side consists in the presence of intention. When conducting an illegal inspection or search, a person must be 100% aware of the illegality of his actions.

Liability provided for in Article 162 of the Criminal Code

Article 162 of the Criminal Code provides for the following liability: from a monetary fine to restriction of freedom. If, for example, these actions were committed by an official or with the use of violence, in such cases you can be imprisoned for up to 5 years.

Therefore, the crime under Article 162 of the Criminal Code has two qualifying features:

• Committing criminal acts by an official.
• Acts with the use of violent actions (or with the threat of them).

Regarding the definition of an official in this case, this is a person who does not have the authority to search or enter a home. It can also be about a person who is authorized to carry out actions related to breaking into someone else's home, but does not have a court decision provided for by current legislation.

There are cases when breaking into a home is urgent and has legal grounds. Among such cases:

• Direct prosecution of a person suspected of committing a criminal offense.
• Saving people's lives and property.

A lawyer under Article 162 of the Criminal Code

Unfortunately, in Ukraine, violation of the right to inviolability of housing is a common phenomenon. Far from all cases, the law enforcement system can protect the rights of the victims due to the lack of direct evidence, etc.

Court practice shows that a large number of cases of this category end with guilty verdicts. The main evidence under Article 162 of the Criminal Code is the testimony of the victim and direct witnesses. In addition, during the inspection of the scene, the method and time of entry into the home is recorded.

The lawyers of our Prykhodko and Partners law firm have extensive experience in protecting clients from criminal charges under Article 162 of the Criminal Code.

When a person is accused of conducting an illegal search/search, he has the right to defend his interests in court. It is also important to note the following: it is the lawyer who guarantees proper legal protection and uses all the necessary tools to protect the interests of his client.

Lawyers Prykhodko and Partners:

• They will check the legality of the inspection/search of private property, the presence of a relevant court decision.
• Represent the interests of each client during court proceedings.
• They study the evidence base.
• They protect the client's rights at all stages of criminal proceedings.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer's services under Article 162 of the Criminal Code, fill out the form below.