Article 128 Violation of Domicile

Question 1

Acts Punished

Answer 1

1. By entering any dwelling 
against the will of the owner 
thereof;
2. By searching papers or other 
effects found therein without 
the previous consent of such 
owner;
3. By refusing to leave the 
premises, after having 
surreptitiously entered  the said 
dwelling and after having 
been required to leave the 
same.

Question 2

Common elements

Answer 2

1. That the offender is public 
officer or employee;
2. That he is not authorized by 
judicial order to enter the 
dwelling and/ or to make a 
search for papers and for 
other effects.

Question 3

Qualifying circumstances

Answer 3

1. If committed at nighttime;
2. If any papers or effects, not constituting evidence of a crime are not returned immediately after a search is
   made by the offender.

Question 4

Exceptions to the warrant requirement

Answer 4

1. Valid warrantless arrest
2. Moving Vehicles
3. Checkpoint
4. Custom Law
5. Consented Search
6. Stop and Frisk
7. Exigent circumstances

Question 5

Penalty

Answer 5

Prision correccional in its minimum period