Is it the crime of abandonment for an elderly person to suddenly become ill a curable disease and

The facts described in the first place are not very clear, although at first glance they look like intentional homicide.

However, it is not easy to define whether the subjective mind expects the victim's death to occur or simply wants to avoid his obligations. Therefore, according to your description, I can only reply to you like this, hoping to help you.

Desertion. Boundaries with the crime of intentional homicide.

1. The subjective aspect of the crime is different. From the perspective of subjective intent, the crime of abandonment is an attempt by the perpetrator to evade or transfer to others the maintenance obligation borne by himself through abandonment; The subjective intent of the crime of intentional homicide is to deprive another person of his life. Therefore, if the perpetrator attempts to achieve the purpose of transferring to another person the maintenance obligation that he should have borne by himself through abandonment, his act constitutes the crime of abandonment; The perpetrator constitutes the crime of intentional homicide if he or she attempts to kill an infant or an elderly person who is mentally incapacitated or has limited mobility by failing to fulfil his obligation to support.

2. The objective elements are different. In the objective aspect, the crime of abandonment generally refers to the abandonment of the victim in a place where he can obtain assistance, such as the door of another person's house, a train station, a wharf, a street intersection, and so on. Intentional homicide is objectively the placement of an infant or an elderly person with mobility difficulties in a place where there is no way to get help, for example, abandoning the infant in a deep ravine; Abandon delirious and difficult old people in wild beast-infested, inaccessible wilderness, and so on.

The evidence that needs to be collected for the crime of abandonment mainly includes: 1. The abandoner has the obligation and ability to support the abandoned; 2. The length of time for which the deserter has not fulfilled any obligation to support him; 3. Consequences.

The crime of intentional homicide is an indictable case.

Generally, the procuratorate initiates a public prosecution, and if you want to pursue criminal responsibility, you should first file a complaint with the public security organ.

When a case is reported, the public security bureau is responsible for collecting evidence and forwarding it to the procuratorate for prosecution.

Hello, I can see your helplessness in your story. If the children know that it will cause the death of the elderly, but let it go or even hope that this result will happen, it is undoubtedly the crime of intentional homicide. However, the sudden onset of the elderly, even if it is a curable disease, and the children do not treat it, resulting in the death of the elderly, is an act of abandonment, but it is difficult to pursue criminal responsibility in China at present, and can only be condemned by morality and conscience.

It's like a child in a family who steals money from their parents.

1.If the village doctor instructs to call an ambulance to the city hospital, the children have no right to refuse, otherwise the elderly's right to treatment will be violated.

2.If the elderly person is not incurable, there is a considerable causal relationship between the refusal to treat the elderly and the death of the elderly. Treatmentworthiness needs to be demonstrated.

3.Where a substantial causal relationship is established, the perpetrator of the refusal to receive treatment shall bear legal responsibility.

4.Criminal liability is prosecuted by the Public Prosecutor's Office. However, the crime of abandonment, which does not evaluate the act that led to the death.

5.Civil liability shall be filed by the relatives to the court within 1 year, and personal injury compensation shall be paid.

6.Other children who did not insist on calling an ambulance at the time should also be reprimanded. If you don't stick to what is right, that's wrong.

Illegal. Unless the parents give up**, they don't want the burden of their children. Children have the legal obligation to support the elderly, if the children have difficulties in supporting, they can seek help from residents' committees, villagers' committees and lawfully established organizations for the elderly, and can apply for local assistance.

The Marriage Law stipulates that children have the obligation to support their parents, and when the children fail to fulfill their maintenance obligations, parents who are unable to work or have difficulties in living have the right to demand maintenance from their children. The obligation of a child to support his or her parents occurs not only between a legitimate child and his or her parents, but also between an illegitimate child and his or her biological parents, between an adopted child and his or her adoptive parents, and between a stepchild and a stepparent who has fulfilled the obligation of support and education.

Article 6 of the Law on the Protection of the Rights and Interests of the Elderly is the common responsibility of the whole society to protect the legitimate rights and interests of the elderly. State organs, social groups, enterprises, and public institutions shall, in accordance with their respective duties, do a good job of efforts to protect the rights and interests of the elderly. Residents' committees, villagers' committees, and lawfully established organizations for the elderly shall reflect the demands of the elderly, preserve the lawful rights and interests of the elderly, and serve the elderly.

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If the elderly are seriously ill, it is not illegal for the children to give up.

Because we really have no way to do it anymore, and the doctor can't do anything about it, plus the financial situation of the children, with the unanimous consent of the family, we can give up**.

For example, cancer, no matter how much we treat it, we can't cure it, and in the end we owe a lot of money, and then people die.

Therefore, as children, it is okay to give up ** when the conditions do not allow, and there is no such thing as illegality.

No, the law stipulates that it is not prohibited by law.

Although it may indeed be an inappropriate, inappropriate behavior. But as a family member, this is my own relatives after all, and sometimes giving up ** is also a painful choice in my heart, and I finally have to do it as a last resort.

Because since it is a terminal disease, that is to say, under the current medical conditions, life can only be extended to a limited extent, but there is no possibility of **.

In the end, the family invested all their financial and material resources into this bottomless pit, and there was no substantial change, but the living still have to survive and live.

Unless there is a mine at home, how many people are able to support long-term medical care now?

No, I think the family will not be willing to give up if there are conditions, there is really no way to give up, even if you don't give up, what can you do, this kind of pain can only be felt by the person concerned, no matter what you do, outsiders have no right to blame.

Strictly speaking, count. But this is that birth, old age, sickness and death cannot be controlled by human beings, the family has given up, and in general, no one cares about their family affairs.

This is not illegal, if you have a terminal illness, you want to **, you have to be within the range of financial affordability, you can't afford to see a doctor if you don't have money!

Hello, if the elderly or children have a terminal illness and the family gives up, is it illegal? It's not illegal to give up**, but Yu Xinyu is not far away, whether it is an old man or a child, as long as there is a glimmer of hope, you have to go**, thank you!

It's not illegal, but I can't get over it in my heart, but it also scores some diseases, such as cancer. It's also normal to give up!

If the doctor declares that the ** rate of this disease is very small, the choice is given to the patient's family, and it is not illegal for the family to choose to give up**.

If you have an incurable disease, if your relatives at home can't bear to give up, it is also a last resort, not an illegal act.

This is not illegal, due to family conditions and economic conditions, it is impossible to give up**.

If the family conditions are not good, it is normal and rational to give up ** if you have a terminal illness, and it is not illegal.

If it is not good and the party does give up, there is no need to pay legal responsibility.

If children and the elderly are terminally ill and don't give **, shouldn't it be illegal? Because some diseases can't be cured, you can give up.

If there is really no chance of rescue, it is not illegal to give up**, how can it be related to illegality.

If a family member is seriously ill, it is only a violation of the law not to give, and if the family conditions do not allow it, it should also be conservative**.

Not counted. It is not stipulated by law.

This doesn't count, but it's better to communicate with the patient and see what you think, it's not necessary if it's too painful.

It shouldn't be counted, but it depends on my wishes.

This has nothing to do with the law, there is nothing illegal that is not illegal.

Hello. Giving up is a helpless choice.

Either you can't.

Either the financial capacity is not good.

But it's not illegal.

Whether it is an adult or a child, as long as there is one percent hope, the family must take it and don't give up, he is also a life.

If the elderly or children have a terminal illness and the family gives up, shouldn't it be considered illegal, right? Does the law provide for this?

Summary. Hello.

If an elderly person is guilty of death due to the failure to treat his sick child in time, according to the provisions of the Criminal Law of China, if the child does not cause the death of the elderly in a timely manner, it may constitute the crime of intentional homicide, the crime of negligence causing death or the crime of abuse and other related crimes. It depends on the severity of the situation and the sufficiency of the evidence. If it can be proved that the child acted intentionally or negligently, and that such act directly led to the death of the elderly, the child may be held criminally liable.

Is it a crime for an elderly person to have a sick child who dies if he does not treat it in time?

According to the provisions of the Criminal Law of China, if the children are not timely and cause the death of the elderly, it may constitute intentional homicide, negligence causing death or abuse and other related crimes. Brother Gu's body should be judged according to the severity of the situation and the sufficiency of the evidence. If it can be proved that the child acted intentionally or negligently, and that such act directly led to the death of the elderly, the child may be held criminally liable.

According to the first paragraph of Article 119 of the Criminal Law of the People's Republic of China, the crime of intentional homicide refers to the intentional and unlawful deprivation of the life of another person. According to Article 234, the crime of causing death by negligence refers to the act of causing death to a person by a negligent act. According to Article 235, the crime of maltreatment refers to the act of abusing a family member, causing serious consequences.

Therefore, when determining whether a child is guilty, it is necessary to comprehensively consider factors such as the nature and circumstances of his or her conduct, as well as the direct cause of the death of the elderly with the suspicious branch. However, in practice, the court will make a discretion based on the circumstances of the specific case. If the children can prove that they did their best to help the elderly person and took reasonable action, but still could not save the elderly's life, they may not be held criminally responsible.

If the children can prove that the elderly person himself refuses to accept **or has other reasons that cause him not to be able to accept it in time**, it can also be used as a defense.

Dear, is there anything else you don't understand? You can tell me more about your situation, and I will answer for you. [Travel to search for brother's heart] <>

My Qinwei old man was sick and moaning in the middle of the night, and his son heard that he didn't ask stupidly to ask the next day to sell socks and medicine, and his daughter-in-law later went to the bathroom to find that the old man had died.

This is negligent negligence regardless of the condition of the elderly.

Is there legal liability for negligence?

Bear civil liability.

What are the penalties for civil liability?

The law tends to take a more lenient approach to behaviour between family members, respecting individual freedoms and family relations.

What if the old man's daughter wants to hold her brother and sister-in-law accountable.

You can go to court and file a lawsuit.

According to your stated conduct, it has constituted the crime of desertion;

The crime of abandonment refers to the act of refusing to support an old, young, sick or other person who is unable to live independently, and the circumstances are heinous.

The crime of desertion is committed against a person who is old, young, sick or otherwise incapable of independent living. "Lack of independent living ability" refers to the situation of not having or losing the ability to work, having no livelihood and needing to be supported by others financially, or having economic income, but unable to take care of oneself and needing to be taken care of by others.

The subject of the crime of abandonment refers to a person who has an obligation to support the above-mentioned objects. The "obligation to support" as provided for herein refers to the obligation that the perpetrator has in accordance with law to provide, care for, or assist the above-mentioned dependents in the economic and living methods for the elderly, young, sick, or other persons who are unable to live independently, so as to maintain their normal lives.

According to the provisions of the Marriage Law, it mainly includes the following aspects: husband and wife have the obligation to support each other; Parents have an obligation to raise and educate their children; Children have the obligation to support their parents; Adoptive parents have the obligation to support their adoptive children, and stepparents have the obligation to support their stepchildren; Grandparents who can afford it have an obligation to support their minor grandchildren whose parents have died; Grandchildren who can afford it have an obligation to support their grandparents who have died; The elder sibling who can afford it has the obligation to support the minor sibling whose parents have died or whose parents are unable to support them, etc.

The subject of the crime of abandonment is a person who has the obligation to support, and if a person who does not have the ability to live independently does not have the obligation to support, there is no problem of abandonment, and this crime cannot be constituted. This crime is objectively manifested in the refusal to support due to the obligation to support. As a result of the perpetrator's failure to perform his or her legal obligations, the dependents are denied financial security or necessary care and assistance in their daily lives, and their lives and health are seriously threatened and harmed.

It should be noted that the act of desertion must be aggravated in order to constitute a crime. This is one of the important lines of demarcation between the crime and the non-crime. The "heinous circumstances" here mainly refer to serious consequences such as serious injury or death of the victim due to abandonment; Repeated abandonment; or the means of abandonment, the circumstances are particularly heinous, and so on.

According to the provisions of the Criminal Law, whoever commits the crime of abandonment shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention or controlled release.