What is the crime of abandonment between husband and wife, and what is the crime of desertion betwee

Legal analysis: In China, if one of the husband and wife is sick and cannot take care of himself or one party has no life**, the other party may ignore the withering and rising may constitute the crime of abandonment. According to the provisions of 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.

Legal basis: Criminal Code

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 is to be sentenced to up to five years imprisonment, short-term detention, or controlled release.

The elements of the crime of abandonment between husband and wife: 1. The archival letter of the relationship between husband and wife; 2. One of the spouses is sick or too old to live independently, or has lost the ability to live independently; (excluding personal practice and unwillingness to work) 3. The abandonment of one of the spouses is aggravated (knowing the above situation and not taking care of it for a long time, not paying for it, etc.).

Article 261 of the Criminal Law Whoever refuses to support a person who is old, young, sick or otherwise incapable of independent living has an obligation 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.

The constitutive elements of the crime of abandonment between husband and wife: 1. The relationship between husband and wife is in turmoil; 2. The husband and wife are sick or too old to live independently, or lose the ability to live independently; (excluding practice and unwilling to work) 3. One of the husband and wife abandons the whims, and the circumstances are bad (knowing the above situation and not taking care of it for a long time, not paying for it, etc.).

Legal basisArticle 261 of the Penal Code.

Where an old, young, sick, or other person who lacks the 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.

The act that constitutes the following elements constitutes the crime of abandonment of husband and wife:

1. The subject is a person who has a legal obligation to support the abandoned person and has the ability to support him;

2. Manifested intentionally in the subjective aspect;

4. Objectively showing that family members who are old, young, sick, or otherwise incapable of independent living, should be supported but refuse to do so, and the circumstances are heinous.

Legal basisArticle 261 of the Criminal Law of the People's Republic of China.

Where an old, young, sick, or other person who lacks the ability to live independently 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.

There is no legal definition of desertion between husband and wife.

The crime of desertion is defined between parents and children.