- I broke into the women’s restroom in the shopping center in Nakano-ward, Tokyo to collect a minicam which I set up for the purpose of spy photo. I was found by a security guard, and got arrested and detained at Nakano Police Station of the Metropolitan Police Department on allegation of breaking into buildings…
- I broke into an apartment near JR Shinagawa station for the purpose of theft. I was found by a resident and ran away. But, I got arrested by a police officer of Ebara Police Station of the Metropolitan Police Department and detained on suspicion of breaking into a residence.
1. Breaking into Residence and Buildings – the former clause of Article 130 of the Penal Code–
The former clause of Article 130 of the Penal Code prescribes breaking into a residence and buildings. Breaking into a residence and buildings are the crime that could be establish when one entered in a residence or buildings against the custodian’s will.
Breaking into a residence and breaking into buildings are the same in terms of the conduct “breaking into”; however, these crimes are to be distinguished according to the place where one broke into: “residence” or “buildings”.
“A residence of another person” in terms of breaking into a residence indicates the place where one uses daily to live.
For example, a single-family house of another person, each habitual room of an apartment, office and so on. A residence also includes the surrounding land accompanying with a single-family house such as the premise and yard.
“Buildings” indicates buildings other than a residence and the premises.
For example, government buildings such as the city hall and the police station, station, school, storehouse, shrine. It is understood that the term “buildings” includes the surrounding land accompanying with a building such as the premise.
Criminal punishment of breaking into a residence and buildings is up to three years imprisonment without work or a fine not exceeding 100,000 yen (the former clause of Article 130 of the Penal Code).
Failed attempt of breaking into a residence and buildings is also punishable (Article 132 of the Penal Code).
2. Refusal to Leave after Eviction -the latter clause of Article 130 of the Penal Code-
Refusal to leave after eviction is the crime that is committed when one who set foot in a residence of another person legally first did not leave despite request to leave from the custodian of the residence.
For example, after having entered the station yard legally, one distributed flyers. Despite having received request to leave from the custodian of the station, the one did not leave from the place, which falls into refusal to leave after eviction.
However, regarding refusal to leave after eviction, when the first entering constitutes breaking into a residence and buildings, only the original criminal charge of breaking into a residence and buildings will be established even though one did not leave despite having received request to leave from the custodian later. In this case, it is understood that the criminal charge of refusal to leave after eviction will not be established.
Criminal punishment of refusal to leave after eviction is up to three years imprisonment without work or a fine not exceeding 100,000 yen. (the latter part of Article 130 of the Penal Code)
▼Summary of Punishment of Breaking into a Residence and Buildings, and Refusal to Leave after Eviction
| Act that may constitute a crime | Punishment |
|
Breaking into a residence (former clause of Art. 130 of the Penal Code) Breaking into buildings (former clause of Art. 130 of the Penal Code) Refusal to leave after eviction (latter clause of Art. 130 of the Penal Code) |
Up to three years imprisonment withoutwork or a fine not exceeding 100,000 yen. There is the penal provision of attempted crime. (Article 133 of the Penal Code) |
~Points in Case of Breaking into a Residence and Buildings~
1. Prevention of Arrest and Detention, Early Release
The crime of breaking into a residence and buildings and that of refusal to leave after eviction are to be most often committed with other crimes. For instance, one broke into a residence of another person with the purpose of theft or indecent behavior. In these cases, it is going to be more likely that the suspect would get arrested and detained to prevent the suspect from having a contact with the victim in that the suspect knows the address of the victim.
Please consult with a lawyer as soon as possible not to get arrested on suspicion of breaking into a residence and buildings. Criminal lawyers promptly commence defense activities to release the suspect from the detention facility by persuasively making claim that there is a creditable guarantor and the suspect may not flee nor conceal/destroy evidence.
2. Aim at Non-Prosecution with Restitution and Out-of-court Settlement
Breaking into a residence and buildings and refusal to leave after eviction are relatively petty crimes among criminal offenses. Therefore, as long as the suspect is a first-time offender, there is a possibility that the out-of-court settlement with apologizing and paying restitution to the victim would lead to the decision not to prosecute the suspect. If the public prosecutor decides not to prosecute him/her, the suspect will not have any criminal record and be released when he/she was arrested and detained.
It is necessary to complete restitution to the victim and the out-of-court settlement negotiation before the public prosecutor prosecutes the case to gain the decision not to prosecute in case of breaking into a residence and buildings. Therefore, it is better to appoint a lawyer who is good at criminal case to carry out restitution and the out-of-court settlement negotiation as early as possible.
3. Claim of Mitigating Circumstances
When one was prosecuted in case of breaking into a residence and buildings, the lawyer will scrutinize the motivation of committing a crime, modus operandi, and criminal records of the same sort, and make a claim and demonstrate the circumstances in favor of the accused. That may lead to reduction of punishment or suspended sentence.
Lawyers of the AICHI Criminal Cases Law Firm, who have rich experience in the cases of breaking into a residence and buildings, can provide you with the best advice. The lawyers specializing in criminal and juvenile cases personally provide for “free consultation”. When the suspect was arrested, at the shortest on the day, the lawyers go where the suspect is detained: “the first interview service”.
