The right of Residential Immunity emerges as a right which has evolved since the times of Roman Law applied. Since the concept of housing was interpreted more narrowly in the past, it provided limited protection to the attacks, and within centuries the right has expanded its scope and became a complement to the concept, “individual liberty” where it belongs. In this respect, the residential ımmunity has been taken into consideration in almost all the constitutions and international documents by counting from the fundamental rights and freedoms in the contemporary legal system. The universal character of the concept is also based on this. Due to the fact that the ımmunity of residence right is related to the freedom of the individual, in the modern criminal laws, while the acts of violating the immunity of residential were considered criminal, care was taken to protect the liberty of the person who had someplace as a residence, not the individuals right of property itself. In this study, primarily the history of the right, its place in international documents and the constitutional arrangements in some European countries and its development in the Turkish Constitution will be examined. Subsequently, the violation of residence ımmunity in the Turkish Penal Code (Law Nr. 5237), which constitutes the essence of this study, will be examined. Also in this study, we will try to include the acts and penalties that violate the immunity of residence in some European countries.