The Supreme court of Ukraine ruled: larceny is committed to penetration into housing, even if the thief rented one room in a two bedroom apartment, but secretly took possession of another's property from another room, which was closed by the owner and which unscrupulous tenant did not have under the terms of the lease.
This decision has been passed by the criminal court of Cassation in the Supreme court, which heard the appeal convicted and his conviction. In a criminal case, the offender had rented one of the rooms in the apartment.
"He appeared intent on the acquisition of the property, which was kept in a locked room to which he had access. Realizing his criminal intent, the man, picking up the key, entered the room, which was closed by the owner of the apartment, and stole property worth more than 20 thousand UAH (part 3 of article 185 of the criminal code of Ukraine)," – said the press service of the Supreme court of Ukraine.
The lawyer of the convict tried to prove that the qualification of his action is wrong, because it did not penetrate the housing. However, the Supreme court found that the owner of the housing has closed another room for a key that has restricted access and indicated in the rental agreement to these terms. The tenant who's a criminal, didn't know where the key to the locked room.
Previously, the Supreme court of Ukraine explained, which may be grounds for removal from the registration of the owner of the property (or part thereof).
Source: finance.ua
