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Article 24: Inviolability of the Home

Chapter IIHigh

Constitution Text

“The home of a human being shall be inviolable. Without the consent of the resident, it shall not be permitted to enter his home otherwise than by a court decision or according to the procedure established by law when this is necessary to guarantee public order, apprehend a criminal, or save the life, health, or property of a human being.”

Summary

This article makes a person's home inviolable. Without the resident's consent, entry is permitted only by a court decision or by the procedure established by law when necessary to guarantee public order, apprehend a criminal, or save a person's life, health or property.

Key Points

  • •The home of a human being is inviolable.
  • •Without the resident's consent, entry is allowed only by a court decision or by the procedure established by law.
  • •Entry under the law is allowed to guarantee public order or to apprehend a criminal.
  • •Entry is also allowed to save a person's life, health or property.

Practical Example

Firefighters may break into a flat if a fire inside threatens lives or the neighbours' property. For an ordinary search, the police need a court decision.

Exam Tips

The exam asks when a home may be entered without the resident's consent. Remember: by a court decision, or by the procedure set in law for public order, apprehending a criminal, or saving life, health or property.

Test Your Knowledge

Practice with questions about this article