Laws relating to the protection of abandoned babies What laws are violated by abandoned babies

It is an offence to abandon a baby.

Legal analysis1. If a young or sick child is refused to be supported, and the circumstances are heinous, the person who has the obligation to support him shall be guilty of abandonment. 2. If the baby is abandoned in a lively neighborhood or at the gate of a maternal and child health hospital for the purpose of not raising a baby, it can generally be determined that jujube fiber is the crime of abandonment. 3. If the baby is abandoned in a deserted place, or in a suburb that ordinary people cannot rescue and detect, resulting in the baby's death or serious injury due to no one finding it, the crime of abandonment should have been constituted, but the crime of intentional homicide or intentional injury should have been constituted.

According to China's regulations, the object of the crime of abandonment is the right of the abandoned person to be supported in the family, which is objectively manifested as an act of refusing to support the person with an obligation to support, and the circumstances are heinous. Specifically, refusal to support includes the act of failing to perform the obligation of support when a person who has the obligation to support and has the ability to support in accordance with the provisions of the relevant laws of China. It should be noted here that if there is an obligation to support, but there is no ability to support and refuses to support, it does not constitute the crime of abandonment.

For example, a paralyzed father has an obligation to support his young children, but he does not even have the ability to take care of himself, let alone raise his children. In such a case, even if the father refuses to maintain him, it does not constitute the crime of desertion.

Legal basisCriminal Law of the People's Republic of China》 Article 261 Where a person who is old, young, sick, or otherwise incapable of independent living has an obligation to support but refuses to support him, and the circumstances are heinous, he shall be sentenced to up to five years imprisonment, short-term detention or controlled release.

Where the abandonment of infants is heinous and constitutes the crime of abandonment, a sentence of up to five years imprisonment, short-term detention or controlled release is to be given. The perpetrator of the crime of abandonment must have an obligation to support, and the act of refusing to support the victim in the family is an act that is heinous and heinous. According to article 261 of the Criminal Law, a person who is old, young, sick or otherwise incapable of independent living has an obligation to support a person who refuses to support him, and the circumstances are heinous, shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention or controlled release.

Criminal Law of the People's Republic of China

Article 261.

Where a person who is old, young, sick, or otherwise incapable of independent living has an obligation to support but refuses to support them, and the circumstances are heinous, a sentence of up to five years imprisonment, short-term detention, or controlled release is to be given.

According to the law, it is a crime to abandon a baby and is suspected of abandonment. The crime of abandonment refers to a situation in which the perpetrator has an obligation to support a person who is old, young, sick, or who has no ability to live independently, but refuses to support him, and the circumstances are heinous.

Article 14 of the Criminal Code.

Intentional crimes are committed when one clearly knows that one's conduct will have a result that is harmful to society, and hopes or allows such a result to occur, thus constituting a crime.

Those who commit intentional crimes shall bear criminal responsibility.

Article 261.

Persons who are old, young, sick, or otherwise incapable of independent living, who have an obligation to support but refuse to do so, and who have a bad temperament, are to be sentenced to up to five years imprisonment, short-term detention, or controlled release.

Legal Analysis: Is Abandonment of Babies an Intentional Crime According to the provisions of China's Criminal Law, if the person responsible for raising the baby abandons the baby, if the abandonment is serious, it will constitute the crime of abandonment, and the crime of abandonment is an intentional crime.

Legal basis: Article 261 of the Criminal Law of the People's Republic of China Anyone who is suspected of refusing to support a person who is old, young, ill, or who has no ability to live independently, and the circumstances are heinous, is to be sentenced to up to five years imprisonment, short-term detention, or controlled release.

Legal Analysis: Is Abandonment of a Baby an Intentional Crime According to the provisions of China's Criminal Law, if the person who is responsible for raising the baby abandons the baby, if the abandonment is serious, it will constitute the crime of abandonment, and the crime of abandonment is an intentional crime.

The law is based on the Rock Evidence:

Criminal Law of the People's Republic of China" Article 261 Where a person who is old, young, sick, or otherwise incapable of independent living, who has an obligation to support but refuses to support him, and the circumstances are heinous, is to be sentenced to up to five years imprisonment, short-term detention, or controlled release.

The crime of abandonment of infants is punished in accordance with the crime of abandonment provided for in Article 261 of the Criminal Law, and the Criminal Law of China does not provide for the crime of abandonment of infants.

Article 261 of the Criminal Law: Where a person who is old, young, sick, or otherwise incapable of independent living has an obligation to support but refuses to do so, and the circumstances are heinous, he shall be sentenced to up to five years imprisonment, short-term detention, or controlled release.

Adoption Law of the People's Republic of China.

Article 6: Adopters shall meet the following requirements at the same time:

childless; have the ability to raise and educate the adoptee;

Not suffering from a medical condition that makes it medically inappropriate to adopt a child;

Be at least 30 years old.

Article 7: The adoption of children of collateral blood relatives of the same generation within three generations may be exempted from the restrictions of article 4, paragraph 3, and article 9 of this Law and the adoptee's age of less than 14.

Overseas Chinese who adopt children of blood relatives of the same generation within three generations may also be exempted from the restriction that the adopter has no children.

Article 9: Where a man without a spouse adopts a woman, the age difference between the adopter and the adoptee shall be 40 years or more.

Because the conditions did not meet the law, the adoption relationship was not recognized by the court, but since the man had no obligation to support the little girl, he still raised the little girl and fulfilled the obligations of the little girl's biological parents, so the biological parents of the little girl need to give compensation.

Because the standard for prosecution of the crime of abandonment is heinous, there are different views on heinous circumstances in various places, and China's relevant laws are not perfect, and whether or not to prosecute and whether it constitutes a crime is for the public security organs to file and investigate, and the court is only responsible for the trial.

The court should hold the person responsible for the crime of desertion. However, because of the young age of their children, they need to be raised. Therefore, the judgment of liability for compensation. and thus exempt from criminal liability.