Hiến pháp nước Việt Nam dân chủ cộng hòa quy định còn người khi sinh ra được pháp luật bảo vệ hai quyền cơ bản là quyền bất khả xâm phạm về chỗ ở và bất khả xâm phạm về thân thể.
Theo đó, mọi hành vi xâm phạm trái phép chỗ ở của người khác sẽ bị pháp luật xử lý theo quy định. Người dân có quyền tố các hành vi xâm phạm chỗ ở tại cơ quan có thẩm quyền để nhanh chóng giải quyết, bảo vệ quyền và lợi ích hợp pháp của bản thân và gia đình.
Vậy, quyền bất khả xâm phạm về chỗ ở được quy định như thế nào?
Theo quy định tại Điều 22 Hiến pháp 2013 quy định:
- Công dân có quyền có nơi ở hợp pháp.
- Mọi người có quyền bất khả xâm phạm về chỗ ở. Không ai được tự ý vào chỗ ở của người khác nếu không được người đó đồng ý.
- Việc khám xét chỗ ở do luật định.
Như vậy, văn bản Luật có giá trị pháp lý cao nhất trong hệ thống pháp luật đã công nhận và bảo vệ quyền và lợi ích của công dân đối với chỗ ở của mình. Theo đó, không ai được tự ý vào chỗ ở của người khác nếu người đó không đồng ý, trừ trường hợp pháp luật cho phép.
Việc xác định chỗ ở hợp pháp được quy định như thế nào?
Nơi ở hợp pháp của công dân gắn liền với quyền tự do cư trú. Quyền tự do cư trú của công dân chỉ bị hạn chế theo quyết định của cơ quan nhà nước có thẩm quyền và theo trình tự, thủ tục do pháp luật quy định.
Theo Luật cư trú năm 2006 (được sửa đổi, bổ sung năm 2013), công dân có quyền tự do cư trú theo quy định của pháp luật. Công dân có đủ điều kiện đăng ký thường trú, tạm trú thì có quyền yêu cầu cơ quan nhà nước có thẩm quyền đăng ký thường trú, tạm trú.
Điều 12 luật này quy định về nơi cư trú của công dân là chỗ ở hợp pháp mà người đó thường xuyên sinh sống. Nơi cư trú của công dân là nơi thường trú hoặc nơi tạm trú.
Chỗ ở hợp pháp được hiểu là nhà ở, phương tiện hoặc nhà khác mà công dân sử dụng để cư trú. Chỗ ở hợp pháp có thể thuộc quyền sở hữu của công dân hoặc được cơ quan, tổ chức, cá nhân cho thuê, cho mượn, cho ở nhờ theo quy định của pháp luật.
Như vậy, không phân biệt là chỗ ở thuộc quyền sở hữu của mình hay chỗ ở được cho thuê mà công dân dùng vào mục đích cư trú, sử dụng làm chỗ ở hợp pháp và thường xuyên thì được pháp luật bảo vệ. Mọi hành vi xâm phạm chỗ ở của người khác mà không được sự cho phép của họ có thể bị xử lý theo quy định của pháp luật.
Xử lý hành vi xâm phạm chỗ ở của người khác như thế nào?
Hành vi xâm phạm chỗ ở của công dân có thể bị xử lý hình sự theo quy định tại Điều 158 BLHS 2015. Hành vi xâm phạm chỗ ở của người khác có thể được thực hiện như:
- Khám xét trái phép chỗ ở của người khác;
- Đuổi họ ra khỏi chỗ ở của họ;
- Chiếm giữ chỗ ở hoặc cản trở trái pháp luật người đang ở hoặc người đang quản lý hợp pháp vào chỗ ở của họ;
- Và những hành vi khác xâm phạm đến chỗ ở của công dân.
Những hành vi đó có thể bị xử lý trách nhiệm hình sự tội Xâm phạm chỗ ở của người khác theo quy định của BLHS hiện hành nếu như đáp ứng đủ những yếu tố cấu thành tội phạm dưới đây:
– Về khách thể: Tội xâm phạm chỗ ở xâm phạm đến quyền bất khả xâm phạm chỗ ở của công dân được pháp luật bảo vệ
– Về mặt khách quan: Khám xét trái phép chỗ ở của người khác. Đuổi họ ra khỏi chỗ ở của họ. Chiếm giữ chỗ ở hoặc cản trở trái pháp luật người đang ở hoặc người đang quản lý hợp pháp vào chỗ ở của họ. Và những hành vi khác xâm phạm đến chỗ ở của công dân.
– Về mặt chủ quan: Người thực hiện hành vi với lỗi cố ý
– Về chủ thể: Chủ thể của tội phạm là chủ thể thường. Cá nhân có đủ tuổi, đủ năng lực hành vi hình hình sự theo quy định của pháp luật.
Như vậy, những người xâm phạm chỗ ở của người khác khi đáp ứng đủ các điều kiện cấu thành tội phạm nêu trên thì có thể bị truy cứu trách nhiệm hình sự về tội danh Xâm phạm chỗ ở của người khác theo quy định tại Điều 158 BLHS 2015.
Hình phạt đối với hành vi xâm phạm chỗ ở của người khác?
– Xử phạt hành chính
Hiện nay, pháp luật chưa quy định cụ thể hành vi xâm phạm chỗ ở người khác thì bị xử phạt hành chính như thế nào mà chỉ quy định một số hành vi theo điều 158 Bộ luật Hình sự nói trên như dùng vũ lực, đe dọa dùng vũ lực gây thương tích cho người khác hoặc chiếm, giữ tài sản (nhà ở) của người khác thì bị xử phạt hành chính theo quy định tại điểm h khoản 4 điều 13, điểm e khoản 2 điều 15 Nghị định 167/2013/NĐ-CP ngày 12/11/2013 của Chính phủ với mức phạt từ 2-10 triệu đồng.
– Xử phạt hình sự
Hình phạt đối với tội phạm được quy định tại Điều 158 BLHS 2015 rất nghiêm khắc có thể bị phạt cải tạo không giam giữ đến hình phạt tù lên đến 5 năm.
Tội danh này được chia thành hai khung hình phạt chính gồm Phạt cải tạo không giam giữ 2 năm hoặc phạt tù từ 3 tháng đến 2 năm trong những trường hợp:
- Khám xét trái pháp luật chỗ ở của người khác;
- Đuổi trái pháp luật người khác ra khỏi chỗ ở của họ;
- Chiếm giữ chỗ ở hoặc cản trở trái pháp luật người đang ở hoặc người đang quản lý hợp pháp vào chỗ ở của họ;
- Xâm nhập trái pháp luật chỗ ở của người khác.
Phạt tù từ 1 đến 5 năm trong những trường hợp:
- Có tổ chức;
- Lợi dụng chức vụ quyền hạn;
- Phạm tội 2 lần trở lên;
- Làm người bị xâm phạm chỗ ở tự sát;
- Gây ảnh hưởng xấu đến an ninh, trật tự, an toàn xã hội.
Bên cạnh đó, người phạm tội còn có thể bị cấm đảm nhiệm chức vụ nhất định từ 01 năm đến 05 năm.
Trình tự, thủ tục thực hiện tố cáo hành vi xâm phạm chỗ ở của công dân:
- Làm đơn tố cáo gửi cho cơ quan cảnh sát. Trong đơn cần trình bày rõ hành vi của những người xâm phạm chỗ ở của mình và yêu cầu cơ quan chức năng điều tra làm rõ;
- Sau khi tiếp nhận đơn, Cơ quan chức năng sẽ thụ lý đơn, tiến hành xác minh, xem xét nội dung tố cáo và gửi quyết định giải quyết đơn tố cáo cho người tố cáo;
- Sau khi nhận kết quả giải quyết đơn tố cáo, nếu không đồng ý, chúng ta có thể làm đơn khiếu nại quyết định đó lên Thủ trưởng cơ quan cảnh sát điều tra để xem xét giải quyết;
- Trường hợp có dấu hiệu tội phạm, cơ quan cảnh sát điều tra sẽ tiến hành khởi tố vụ án, tiến hành điều tra và thực hiện các trình tự thủ tục giải quyết vụ án theo đúng quy định của pháp luật TTHS;
- Sau khi hoàn thành xong các thủ tục cần thiết, Tòa án sẽ đưa vụ án ra xét xử theo quy định của pháp luật về tội Xâm phạm chỗ ở của người khác theo quy định tại Điều 158 BLHS 2015.
Trên đây, PHÚC ĐỨC LAW đã gửi đến bạn đọc về thủ tục tố cáo hành vi xâm phạm chỗ ở hợp pháp của công dân. Mọi thắc mắc hoặc vấn đề cần giải đáp, vui lòng liên hệ Hotline 0909.008.306 hoặc gửi thông tin chi tiết qua email phucduclaw@gmail.com để được tư vấn cụ thể hơn.
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