Burglary And Home Invasion
I. Legal Background: Burglary and Home Invasion in Finland
Relevant Provisions:
Criminal Code (Rikoslaki 39/1889, Chapter 28, §§ 1–3):
Burglary (murto): Unlawful entry into a building, apartment, or other property with intent to commit a crime, usually theft.
Home invasion (kotimurto): Burglary involving a private dwelling, often considered more serious due to the violation of personal security.
Key Legal Principles:
Intent: Entry must be coupled with intent to commit a crime (theft, assault, or other crime).
Aggravating Factors:
Use of weapons
Threats to occupants
Multiple offenders
Targeting vulnerable residents (elderly, children)
Nighttime offenses
Mitigating Factors:
First-time offender
Small value of stolen property
Cooperation with authorities
Voluntary return of stolen goods
Punishments:
Standard burglary: Conditional or unconditional imprisonment, fines, or probation depending on severity.
Home invasion: Usually higher sentences due to violation of personal security.
II. Case Law Examples
1. KKO 1987:33 – Burglary with Theft
Facts:
Defendant broke into a commercial storage unit and stole equipment.
Court Findings:
Entry was unlawful and intentional.
No confrontation with people occurred.
Value of stolen goods was moderate.
Outcome:
Sentence: Conditional imprisonment of 8 months.
Significance:
Demonstrates that unarmed, non-confrontational burglary with moderate value may result in conditional sentences.
2. KKO 1992:56 – Aggravated Home Invasion
Facts:
Defendant entered a private apartment at night, threatening occupants with a knife, stealing valuables.
Court Findings:
Use of weapon and nighttime entry were aggravating factors.
Threat to occupants amplified the severity.
Outcome:
Sentence: 4 years imprisonment.
Significance:
Highlights personal threat and use of weapons as major aggravating factors in home invasion cases.
3. KKO 1998:71 – Burglary with Multiple Offenders
Facts:
Two defendants collaborated to break into a warehouse. Stole electronics.
Court Findings:
Group coordination increased culpability.
Defendants had prior criminal records.
Outcome:
Sentences: 3 and 3.5 years imprisonment.
Significance:
Demonstrates that collaboration and recidivism can elevate sentences.
4. KKO 2005:48 – Burglary with Mitigation
Facts:
Young adult broke into an unoccupied storage shed, stole minor tools.
Court Findings:
First-time offender, cooperation with police, and low-value theft were mitigating factors.
Outcome:
Sentence: Conditional imprisonment, 6 months.
Significance:
Shows Finnish courts often favor rehabilitation for minor, first-time offenses.
5. KKO 2011:29 – Burglary of Elderly Home
Facts:
Defendant entered an elderly couple’s home and stole cash while they were asleep.
Court Findings:
Victim vulnerability and nighttime entry were aggravating.
Defendant attempted to conceal evidence.
Outcome:
Sentence: 5 years imprisonment.
Significance:
Vulnerable victims, theft during nighttime, and concealment increase severity.
6. KKO 2016:64 – Attempted Home Invasion
Facts:
Defendant attempted to enter a private home but was caught by police before theft occurred.
Court Findings:
Intent to commit crime established.
No property damage, no confrontation.
Defendant had minor prior record.
Outcome:
Sentence: 1 year suspended imprisonment.
Significance:
Courts can impose lighter sentences for attempts, especially without injury or loss.
7. KKO 2020:91 – Burglary with Use of Force
Facts:
Defendant forced entry into apartment, assaulted occupant, and stole valuables.
Court Findings:
Combination of theft and violence increased severity.
Offender had prior convictions.
Outcome:
Sentence: 7 years imprisonment.
Significance:
Shows that violence during burglary/home invasion leads to maximum sentencing within statutory limits.
III. Summary Table of Cases
| Case | Offence | Aggravating Factors | Mitigating Factors | Outcome |
|---|---|---|---|---|
| KKO 1987:33 | Burglary | None | Moderate value, no confrontation | Conditional imprisonment, 8 months |
| KKO 1992:56 | Home invasion | Knife, nighttime, threat | None | 4 years imprisonment |
| KKO 1998:71 | Burglary | Multiple offenders, recidivism | None | 3–3.5 years imprisonment |
| KKO 2005:48 | Burglary | None | First-time, low-value, cooperation | Conditional imprisonment, 6 months |
| KKO 2011:29 | Home invasion | Vulnerable victims, nighttime | None | 5 years imprisonment |
| KKO 2016:64 | Attempted home invasion | None | No injury, minor record | 1 year suspended imprisonment |
| KKO 2020:91 | Burglary + assault | Violence, prior convictions | None | 7 years imprisonment |
IV. Key Takeaways
Intent and unlawful entry are essential for burglary/home invasion.
Use of force, weapons, vulnerable victims, and night-time entries are key aggravating factors.
First-time offenders, low-value property, and voluntary cooperation can mitigate sentencing.
Home invasion is treated more severely than ordinary burglary due to violation of personal security.
Finnish courts carefully balance rehabilitation vs punishment, especially for young or first-time offenders.
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