What is a theft without burglary?
When someone breaks into your home and takes things that belong to you without your consent, that is theft. The theft is then characterized based on the means used by the burglars to enter your home.
According to Article 132-73 of the Penal Code, burglary is defined as “the forcing, damage or destruction of any closing device or any kind of fence”. Legally, when the burglar uses a false key or illegally obtains keys or the code of a locking system, it is also a break-in. It should be noted that burglary without breaking and entering is often mentioned but, according to the law, burglary is a term which designates the theft with breaking and entering of a dwelling.
By contrast, a theft without breaking and entering corresponds to an incident that does not meet the conditions set out in this article of the Penal Code.
This kind of crime without breaking a window or without stealing a key seems a little difficult to understand and provokes a reaction of incredulity: how can we speak of burglary without breaking and entering?
However, there are circumstances favoring this type of crime. If you leave your home without locking the front door or the bay windows, a malicious person can enter easily. Similarly, when you leave the windows open in the evening in summer, a thief may find a good opportunity to break into your home. It is therefore advisable to secure your house by checking the doors and windows before you leave and by ensuring that no one can enter through the window if you wish to leave it open during the hot season. You can also use monitoring devices or anti-theft systems. Motion detectors coupled with an alarm can work in your absence or while you sleep, for example.
Can you be compensated for a theft without burglary?
The theft guarantee is often included in the basic formulas of multi-risk home insurance contracts. Most of the time, insurers take into consideration thefts:
carried out by breaking into the accommodation,
with violence or threats to those present (in the event of home jacking),
committed with false keys,
carried out in the presence of the occupant, but without his knowledge (a nocturnal burglar, for example).
Have you been the victim of burglary? If you have home theft insurance, you may be eligible for coverage for this claim. Go through the list of excluded risks. Theft without burglary is not there? It’s up to you to prove to your insurer that your home has indeed been burglarized in the absence of any break-in. If you have a remote monitoring system with motion detectors with camera or photo, the procedure is easier.
In order to avoid adding a dose of stress in the event of an intrusion and theft without traces of breaking into your apartment or house, try to take the lead. Especially when you discuss with your adviser the signing of an insurance contract for your home: whether you are an owner or a tenant, you must mention theft without breaking and entering. Together, go through the terms and conditions of the contract. In particular, check the existing clauses for forgetting the keys in the lock or a badly closed door. This gives you peace of mind when you’re away from home.