Unlawful Entry into a Private Residence
The Constitution of the Islamic Republic of Iran recognizes a person’s home as part of their private sphere. It protects it, alongside life, property, dignity, rights, housing, and occupation, against any unlawful interference except as permitted by law. Accordingly, unauthorized entry into another person’s residence has been criminalized, and legal penalties have been prescribed.
This article examines the legal consequences of unlawful entry into a private residence and the competent authorities responsible for handling such cases.
Criminal Liability for Unlawful Entry into a Private Residence
Forcible Entry
Under the Islamic Penal Code, any person who enters another individual’s residence or dwelling by force or threat shall be subject to imprisonment.
If two or more persons commit the offense and at least one of them carries a weapon, the prescribed punishment is increased. Unauthorized entry into another person’s residence constitutes a clear violation of privacy rights and is expressly addressed by the legislature.
Penalty for Unlawful Entry into a Residence
The Islamic Penal Code originally prescribed imprisonment ranging from six months to three years for unlawful entry into another person’s residence.
However, pursuant to the Law on the Reduction of Imprisonment Sentences for Ta’zir Offenses, where a single offender commits the crime, the term of imprisonment has been reduced to three months to one year and six months.
If the offense is committed by two or more individuals and at least one of them carries a weapon, the applicable punishment remains imprisonment from six months to three years.
Unlawful Entry Accompanied by Possession of a Weapon
The penalty for unlawful entry is imprisonment. If the offender or offenders carry a weapon during the commission of the offense, the punishment is aggravated.
The law does not limit this aggravation to a specific type of weapon. Any cold or firearm carried during the unlawful entry may result in enhanced punishment.
When the offense is committed by multiple individuals and at least one carries a weapon, imprisonment ranging from six months to three years may be imposed.
Competent Authority for Prosecuting Unlawful Entry
If unlawful entry occurs, the victim must file a criminal complaint through the electronic judicial services offices.
The complaint is then referred to the Public Prosecutor’s Office in the jurisdiction where the offense took place.
Following a preliminary investigation, if sufficient evidence is established, the case is referred to Criminal Court Two for adjudication.
Frequently Asked Questions Regarding Unlawful Entry into a Residence
Unlawful entry refers to entering another person’s private property or residence without consent or legal authorization. It is considered a violation of privacy and a criminal offense under the law.
Under the Islamic Penal Code, unlawful entry may result in imprisonment. Following legislative amendments, a single offender may face imprisonment from three months to one year and six months, while aggravated circumstances may lead to imprisonment from six months to three years.
If the offender carries a weapon during unlawful entry, the punishment is aggravated. The law applies to both cold weapons and firearms, and may result in a higher term of imprisonment.
The owner or occupant of the residence, as the injured party, may file a criminal complaint through the electronic judicial services offices.
The Public Prosecutor’s Office in the location where the offense occurred initially handles the matter. Upon completion of the investigation, the case is referred to Criminal Court Two for final adjudication.
Yes. Unlawful entry includes houses, apartments, and any privately owned property that is considered part of an individual’s protected private domain under the law.
Individuals should refrain from entering another person’s property without consent. In case of dispute, legal remedies through formal judicial procedures should be pursued instead of taking unilateral action. What constitutes unlawful entry into a residence?
What is the penalty for unlawful entry?
How does carrying a weapon affect the punishment?
Who may file a complaint for unlawful entry?
Which authority has jurisdiction over unlawful entry cases?
Does unlawful entry apply to all types of private property?
How can aggravated punishment be avoided?
