2 minute read
iii. Unlawful Domiciliary Entry
This crime also requires “dolus”. Inadvertence or error will therefore constitute a defence203 . The law here punishes the obstinate and arbitrary persistence after due notice of the cessation of office “sicché per mancanza di dolo, o anche dopo codesta legale notizia, non potrebbe essere punito colui che esercitasse qualche atto per la necessità di providere ad un urgente servizio”204 .
iii. Unlawful Domiciliary Entry
Advertisement
The crime under Section 134 is committed by any public officer or servant, who under colour of his office, shall, in cases other than those allowed by law, or without the formalities prescribed by law, enter any house or other building or enclosure belonging to any person.
The law protects the house and premises of every citizen from unwarranted trespass in various ways. Under Section 355(o) the Criminal Code every person is guilty of a contravention who, even though without the intent of committing another offence, enters into the dwelling-house of any other person against the express warning of such person or without his knowledge or under false pretences or by any other deceit. Where the entry into any house or other place or enclosure is affected by any of the means mentioned in Sections 277, 278, 279 (i.e., breaking, false keys, scaling) then the offender for the mere entry and notwithstanding that there is no evidence of any act constituting an attempt to commit another offence, is liable to punishment as provided in Section 344.
In Section 132 the law deals specifically with the case of a public officer or servant, who by abuse of his office or employment, enters into the house or other building or enclosure belonging to any other person. According to this section there is such abuse when the entry is not authorised by law or is affected without the formalities prescribed by law and, in either ease, the offender commits the act under the colour of his office.
The reference to entry “authorised or allowed” by law applies for instance to the cases contemplated in Section 362 et seq. of the Criminal Code which also prescribe the formalities to be observed. In general, members of the Police Force below the rank of
203 Pessina, Elem. di Dir. Pen., Vol. III, p. 121; Puccioni, Cod. Pen. Tosc., Vol. III, p. 512 204 Chaveau et Helie, Theorie du Code Penale, Vol. III, n. 904
