What are the standards for filing a criminal case of abandonment by husband and wife, and what are t

1. What are the criteria for filing a case for the crime of abandonment by husband and wife?

1. The standard for filing a case for the crime of abandonment by husband and wife is that a person who has an obligation to support an old, young, sick, or other person who lacks the ability to live independently but refuses to support him, and the circumstances are heinous, shall be filed for investigation. where the circumstances are heinous, the sentence is up to five years imprisonment, short-term detention or controlled release.

2. Legal basis: Article 261 of the Criminal Law of the People's Republic of China.

Crime of abandonment] For those who are old, young, sick or otherwise incapable of independent living, who have an obligation to support but refuse to support them, and the circumstances are heinous, they shall be sentenced to up to five years imprisonment, short-term detention or controlled release.

II. What are the constitutive elements of the crime of abandonment?

Abuse and abandonment between family members are prohibited. It also regulates the maintenance obligations that should be fulfilled between family members. Refusal to fulfil the obligation to support while able to afford it violates the equal rights of the elderly, the young, the sick or the incapable of independent living in the family;

2. Objective elements. In the objective aspect of the accusation, it is manifested as refusal to support the elderly, young, sick, or other family members who have no ability to live independently, and the circumstances are heinous;

3. Main requirements. The subject is a special subject, and must be a person who has a legal obligation to support the abandoned person and has the ability to support it. Only those who meet these conditions can be the subject of this crime.

If there is no legal obligation to support each other, there is no relationship of support between them, and the problem of abandonment does not occur;

4. Subjective elements. Manifested intentionally in the subjective aspect. That is, refusing to support oneself knowing that oneself should fulfill one's obligation to support.

The motivations for refusing to support are varied, such as abandoning the elderly as a burden; Some do not support their children on the pretext that they are divorced: others abandon children in order to create conditions for remarriage; Some abandon their wives or husbands in order to force the other party to divorce. In short, the outcasts are motivated by individualism, extreme selfishness, or other vile motives.

Legal analysis: Husband and wife have the obligation to support, and if one party refuses to support them because of local illness or loss of independent living ability, the circumstances are heinous and constitute the crime of abandonment, and a case shall be filed for prosecution.

Legal basis: Article 260 of the Criminal Law of the People's Republic of China Where an old, young, sick, or other person who has no ability to live independently, who has an obligation to support but refuses to do so, and the circumstances are heinous, is to be sentenced to up to five years imprisonment, short-term detention, or controlled release.

Article 1059 of the Civil Code of the People's Republic of China: Husbands and wives have the obligation to support each other. The party in need of maintenance has the right to demand that the other party pay maintenance if the other party fails to perform the maintenance obligation.

Husbands and wives who commit the crime of desertion will be sentenced if they meet the circumstances of the sentence. where the crime of abandonment is constituted, the sentence is generally up to five years imprisonment, short-term detention or controlled release. The crime of abandonment refers to the act of refusing to support a person who has the obligation to support him or her who is old, young, sick, or who has no ability to live independently, and the circumstances are heinous.

[Legal basis].Article 261 of the Criminal Law of the People's Republic of China.

The crime of abandonment refers to refusal to support an old, young, sick, or other person who is unable to live independently, and the circumstances are heinous, and the sentence is up to five years imprisonment, short-term detention, or controlled release.

Legal analysisThe aggravating circumstances of abandonment refer to: the victim is seriously injured or killed as a result of abandonment; forced to beg on the streets due to abandonment; helpless and forced to commit suicide due to abandonment; Where the perpetrator repeatedly educates and refuses to make corrections, this puts the victim's life in danger; The means of abandonment are very bad (such as fighting in abandonment), etc. The perpetrator must have an obligation to support.

This is a prerequisite for the commission of this crime. Citizens have the obligation to support and support family members who are responsible for the money, which is included in the latest judicial interpretation of the crime of abandonment in China. The obligation to support arises on the basis of the different rights and obligations between three types of family members: support and dependency, maintenance and dependency, and support and maintenance.

[Legal basis].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 him, and the circumstances are heinous, he shall be sentenced to up to five years imprisonment, short-term detention or controlled release.

Legal Analysis: Abandonment must reach the level of heinous circumstances to constitute a crime. Aggravating circumstances of desertion are:

Serious injury or death of the victim as a result of abandonment; The victim has no means of livelihood due to abandonment, is displaced, and is forced to beg on the street; The victim is cornered and forced to commit suicide due to abandonment; The perpetrator refuses to make corrections after repeated education, putting the victim's life in a dangerous situation; The means of abandonment are very bad (e.g., beating, scolding, and abuse in the abandonment of the abandonment), etc.

Article 261 of the Criminal Law of the People's Republic of China stipulates that a person who is old, young, sick or otherwise incapable of independent living has the obligation to support and 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 public surveillance.

Legal Analysis: Refusal to support a person who has an obligation to support the elderly, the young, the sick, or other persons who do not have the ability to live independently, and the circumstances are heinous.

The act of abandonment must reach the level of aggravating circumstances in order to constitute a crime.

In other words, whether or not the balance of circumstances is bad is an important boundary between the crime of desertion and the non-crime. According to the experience of judicial practice, the heinous circumstances of abandonment refer to: serious injury or death of the victim as a result of abandonment; The victim has no means of livelihood due to abandonment, is displaced, and is forced to beg on the street; The victim is cornered and forced to commit suicide due to abandonment; The perpetrator has repeatedly been educated and refuses to make corrections, causing the victim's life sentence to be delayed and put in a dangerous situation; The means of abandonment are very bad (e.g., in the process of abandonment, there are beatings, scolding, and abusive behaviors) and so on.

Legal basis: Article 261 of the Criminal Law Whoever refuses to support a person who is old, young, sick, or otherwise incapable of independent living, and the circumstances are heinous, is to be sentenced to up to five years imprisonment, short-term detention, or controlled release.

The act of abandonment between husband and wife is mainly manifested in the fact that one of the spouses is sick and cannot take care of himself, or one party has no life**, and the other party does not care.

Legal basis: Article 261 of the Criminal Law is changed to Lu: Whoever refuses to support a person who is old, young, sick, or otherwise incapable of independent living, and the circumstances are heinous, shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention, or controlled release.

Legal Analysis: Whoever has an obligation to support an old, young, sick, or other person who does not have the ability to live independently but refuses to support him, and the circumstances are heinous, shall be sentenced to up to five years imprisonment, short-term detention, or controlled release. The act of abandonment must reach the level of aggravating circumstances in order to constitute a crime.

Legal basis: Criminal Law of the People's Republic of China

Article 261:Refusal to support an elderly or young, young, sick, or other person who has an obligation to support him, and the circumstances are heinous, is to be sentenced to up to five years imprisonment, short-term detention, or controlled release.