The article is devoted to issues of comparative law on settling the liability for the offence of home trespassing. It is revealed that art.179 PC RM has the same effect as the scope as art.224 and 225 of the Penal Code of Romania, 17.07.2009 (except the part relating to entry without a right, in any manner, in the office or place where a juridical person is working, or by refusing to leave it at the request of the entitled person). There are brought arguments in support of that idea that we can not deny the applicability of art.8 of the European Convention for the protection of human rights and fundamental freedoms in the situation of the entry without a right, in any manner, in the office or place where a juridical person is working, or by refusing to leave it at the request of the entitled person. This issue shouldn’t be confused, related to the compliance by Moldova to international commitments on protection of human rights and fundamental freedoms with the one on sovereignty of the states to decide upon the incrimination method in the national Penal Law of the acts involving violation of human rights and fundamental freedoms.