Glossary entry (derived from question below)
English term or phrase:
burglary vs. forced break-in
English answer:
not synonyms
Added to glossary by
Yuri Geifman
Feb 8, 2003 16:05
21 yrs ago
22 viewers *
English term
English-Polish, Polish-English
Native in: Polish 
Works in: English to Polish, Polish to English
burglary vs. forced break-in
English
Law/Patents
insurance policy
two different things or just synonyms?
"ordinary theft (i.e. disappearance of the insured property from the construction site without visible and verifiable marks of burglary or forced break-in)"
thanks
"ordinary theft (i.e. disappearance of the insured property from the construction site without visible and verifiable marks of burglary or forced break-in)"
thanks
Responses
Responses
+1
9 hrs
Selected
no, they're not synonyms
from law.com dictionary,
burglary (n):
the crime of breaking and entering into a structure for the purpose of committing a crime. No great force is needed (pushing open a door or slipping through an open window is sufficient) if the entry is unauthorized. Contrary to common belief, a burglary is not necessarily for theft. It can apply to any crime, such as assault or sexual harassment, whether the intended criminal act is committed or not.
on the other hand, forced break-in suggests the use of (great) force to enter a building.
HTH
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Note added at 2003-02-09 09:06:25 (GMT)
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If the door is left unlocked, is it a burglary or is it just a theft?
if there\'s intent to commit a crime, then it\'s burglary. if there\'s no such intent, it\'s \'breaking and entering\'. BUT definitely not forced break-in.
breaking and entering (n)
the criminal act of entering a residence or other enclosed property through the slightest amount of force (even pushing open a door), without authorization. If there is intent to commit a crime, this is burglary. If there is no such intent, the breaking and entering alone is probably at least illegal trespass, which is a misdemeanor crime.
Theft, on the other hand, is different from burglary. Burglary (taken by entering unlawfully) is just one of the means and methods of theft. There are several others such as robbery (taking by force) and embezzlement (stealing from an employer).
Law.com dictionary gives clear explanations of those \'confucing\' terms and also the differences between them. Perhaps it won\'t be a bad idea to check with it.
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Note added at 2003-02-09 09:10:40 (GMT)
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theft (n)
the generic term for all crimes in which a person intentionally and fraudulently takes personal property of another without permission or consent and with the intent to convert it to the taker\'s use (including potential sale). Although robbery (taking by force), burglary (taken by entering unlawfully) and embezzlement (stealing from an employer) are all commonly thought of as theft, they are distinguished by the means and methods used and are separately designated as those types of crimes in criminal charges and statutory punishments.
burglary (n):
the crime of breaking and entering into a structure for the purpose of committing a crime. No great force is needed (pushing open a door or slipping through an open window is sufficient) if the entry is unauthorized. Contrary to common belief, a burglary is not necessarily for theft. It can apply to any crime, such as assault or sexual harassment, whether the intended criminal act is committed or not.
on the other hand, forced break-in suggests the use of (great) force to enter a building.
HTH
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Note added at 2003-02-09 09:06:25 (GMT)
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If the door is left unlocked, is it a burglary or is it just a theft?
if there\'s intent to commit a crime, then it\'s burglary. if there\'s no such intent, it\'s \'breaking and entering\'. BUT definitely not forced break-in.
breaking and entering (n)
the criminal act of entering a residence or other enclosed property through the slightest amount of force (even pushing open a door), without authorization. If there is intent to commit a crime, this is burglary. If there is no such intent, the breaking and entering alone is probably at least illegal trespass, which is a misdemeanor crime.
Theft, on the other hand, is different from burglary. Burglary (taken by entering unlawfully) is just one of the means and methods of theft. There are several others such as robbery (taking by force) and embezzlement (stealing from an employer).
Law.com dictionary gives clear explanations of those \'confucing\' terms and also the differences between them. Perhaps it won\'t be a bad idea to check with it.
--------------------------------------------------
Note added at 2003-02-09 09:10:40 (GMT)
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theft (n)
the generic term for all crimes in which a person intentionally and fraudulently takes personal property of another without permission or consent and with the intent to convert it to the taker\'s use (including potential sale). Although robbery (taking by force), burglary (taken by entering unlawfully) and embezzlement (stealing from an employer) are all commonly thought of as theft, they are distinguished by the means and methods used and are separately designated as those types of crimes in criminal charges and statutory punishments.
Reference:
4 KudoZ points awarded for this answer.
Comment: "All the answers were very helpful. Thanks a lot."
+3
2 mins
entering a building with the intent to commit theft vs. forced entry
Burglary is defined as "the act of entering a building or other premises with the intent to commit theft." It does not have to involve force or a break-in.
Fuad
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Note added at 2003-02-08 22:29:40 (GMT)
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If the act committed does not involve unlawful entry, it is theft or larceny. Walking into a store that is open for business does not involve unlawful entry.
If it invloves unlawful entry, it is burglary, which includes both theft as well as the unlawful entry to commit the theft.
If it involves forced entry, then it is a forced burglary (may be called aggravated burglary in some legal systems), which includes both use of force and unlawful entry as well as the act of theft.
Fuad
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Note added at 2003-02-08 22:29:40 (GMT)
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If the act committed does not involve unlawful entry, it is theft or larceny. Walking into a store that is open for business does not involve unlawful entry.
If it invloves unlawful entry, it is burglary, which includes both theft as well as the unlawful entry to commit the theft.
If it involves forced entry, then it is a forced burglary (may be called aggravated burglary in some legal systems), which includes both use of force and unlawful entry as well as the act of theft.
Reference:
+2
5 mins
See explanation below
BURGLARY Someone carries out a burglary if they enter a building illegally and steal things
BREAK IN when they enter in a building
Chambers
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Note added at 2003-02-08 16:13:03 (GMT)
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Burglary is the action of entering + stealing
Break in puts the emphasis in the action of entering (although the stealing component is associated)
BREAK IN when they enter in a building
Chambers
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Note added at 2003-02-08 16:13:03 (GMT)
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Burglary is the action of entering + stealing
Break in puts the emphasis in the action of entering (although the stealing component is associated)
Peer comment(s):
| agree |
Libero_Lang_Lab
: that's it
1 hr
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Thanks
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| agree |
KORNELIA ZWIÓR-HOŁENKO
: exactly, see my info below
2 hrs
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Thanks
|
1 hr
burglary / forced break in
In answer to your note, there are many ways of committing a burglary without forced entry.
Shoplifting
Going into a building as a trespasser (someone who has no official right to be in that place / building)
Gaining entry to domestic premises under false pretenses (pretending to be from gas/water/electricity/police etc)
In the case of your construction site...first of all they would look for obvious signs of forced entry (cut padlocks to gates/ damaged fencing etc).
Then they would have to think about people who work there and can gain entrance at any time, or can remove items discreetly bit by bit.
Shoplifting
Going into a building as a trespasser (someone who has no official right to be in that place / building)
Gaining entry to domestic premises under false pretenses (pretending to be from gas/water/electricity/police etc)
In the case of your construction site...first of all they would look for obvious signs of forced entry (cut padlocks to gates/ damaged fencing etc).
Then they would have to think about people who work there and can gain entrance at any time, or can remove items discreetly bit by bit.
+2
2 hrs
KORNELIA ZWIÓR-HOŁENKO
chemical & legal translator for 31 years
Native in: Polish
Works in: English to Polish, Polish to English, Polish, and 1 more.
Related KudoZ points
:
6
info
BURGLARY – emphasis on stealing or intending to steal (or cause damage or rape - see below)
BREAK-IN – emphasis on illegally entering
Oxford Dctry of Law (1997):
BURGLARY – the offence (...) of either entering a building, ship of inhabited vehicle (e.g. a caravan) as a trespasser with the intention of committing one of four specified crimes in it (BURGLARY WITH INTENT:
1. theft
2. inflicting grievous bodily harm
3. causing criminal damage
4. rape of person in the building)
or entering it as a trespasser only but subsequently committing one of two specified crimes in it (BURGLARY WITHOUT INTENT:
1. stealing or attempting to steal
2. inflicting or attempting to inflict grievous bodily harm).
AGGRAVATED BURGLARY – one in which the trespasser is carrying a weapon of offence, explosive, or firearm (max. sentence is life imprisonment).
Cambridge Int’l Dctry of English:
breaking and entering – is illegally forcing your way into a house, esp. to steal
a break-in – is an occasion when a building is entered illegally by a criminal or criminals, usually by damaging a window or door, esp. in order to steal
a house-breaker / safe-breaker – uses force to go into or open the stated thing
burglary – a crime of illegally entering and stealing
a burglar-alarm
a burglar-proof safe/window/door/lock
BREAK-IN – emphasis on illegally entering
Oxford Dctry of Law (1997):
BURGLARY – the offence (...) of either entering a building, ship of inhabited vehicle (e.g. a caravan) as a trespasser with the intention of committing one of four specified crimes in it (BURGLARY WITH INTENT:
1. theft
2. inflicting grievous bodily harm
3. causing criminal damage
4. rape of person in the building)
or entering it as a trespasser only but subsequently committing one of two specified crimes in it (BURGLARY WITHOUT INTENT:
1. stealing or attempting to steal
2. inflicting or attempting to inflict grievous bodily harm).
AGGRAVATED BURGLARY – one in which the trespasser is carrying a weapon of offence, explosive, or firearm (max. sentence is life imprisonment).
Cambridge Int’l Dctry of English:
breaking and entering – is illegally forcing your way into a house, esp. to steal
a break-in – is an occasion when a building is entered illegally by a criminal or criminals, usually by damaging a window or door, esp. in order to steal
a house-breaker / safe-breaker – uses force to go into or open the stated thing
burglary – a crime of illegally entering and stealing
a burglar-alarm
a burglar-proof safe/window/door/lock
Peer comment(s):
| agree |
Lia Fail (X)
: emphasis is NB, burglary implies theft, break in, not necessarily
1 hr
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| agree |
EDLING (X)
: Excellent research
13 hrs
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|
thank you both
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Discussion