In the framework of this article, is marked that the residence inviolability respect it’s not necessary conditioned by the property right (or another authentic right) toward the building chosen to be the residence. As well, there are analyzed the assumptions about the subsistence of the residence violation off ence and the defalcation throughout house penetration. At the same point, it is argued that the application of lett.a) par.(3) art.179 PC RM expels further qualifi cation either for the abuse of power off ence, or for the work abuse off ence. There are distinguished several reasons to top the idea that residence violation off ence – committed by a state administration worker, well excelling his rights and duties prescribed by law, and if the respective off ence forced important damages beyond public concerns or toward physical and legal entities concerns – the off ences are to be qualifi ed upon art.179 (excepting lett.a) par.(3)) and art.328 PC RM.