In this article, it is argued that the respect for the inviolability of the place of abode is not linked to an ownership right (or other real right) on the immovable property related to the place of abode. Therefore, at the qualification of the offence provided by art.179 PC RM or art.192 PC Rom from 1968, the status of the victim (of the passive subject) does not matter. This is because the penal law is not interested in the legitimacy of the position of the victim (of the passive subject), but in the illegality of the offender’s behavior. It is important that the victim (the passive subject) to be the holder of the constitutional right to inviolability of the place of abode. It is also shown that only a natural person can evolve as the holder of the right to inviolability of the place of abode. So only a natural person may be recognized as a victim of the offence of trespassing.