How many years is the penalty for desertion? 40

He is to be sentenced to fixed-term imprisonment of not more than five years, short-term detention or controlled release.

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

Criteria for filing a case: 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 main features are:

2) Objectively manifested as the perpetrator's refusal to support family members who have no ability to live or live independently due to old age, young age, illness or other reasons. Maintenance includes the support of the elders for the younger generations, the support of the younger generations for the elders, and the support between husband and wife.

3) The subject of the crime is a person who has a legal obligation to support the abandoned person.

4) The subjective aspect is intentional, that is, knowing that oneself should fulfill the obligation of support. The motives for refusal of maintenance are varied, but the difference in the motive for the crime does not affect the conviction and can be considered as a circumstance in sentencing.

He is to be sentenced to fixed-term imprisonment of not more than five years, short-term detention or controlled release. The crime of abandonment (Article 261 of the Criminal Law of the People's Republic of China) refers to the refusal to support a person who is old, young, sick or otherwise incapable of independent living, and the circumstances are heinous.

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.

1. The four conditions that constitute the crime of desertion:

1. Subject matter requirements:

2. Objective elements:

This crime is objectively manifested as an act of refusing to support family members who should be supported by the elderly, young, sick, or other family members who are incapable of independent living, and the circumstances are heinous. The so-called elderly, young, sick or other family members who are unable to live independently refer to those who have the following conditions in the family members:

1) Due to old age, disability, illness and other reasons, loss of working ability, no livelihood**;

2) Although there is a life, but due to illness, old age, disability, unable to take care of themselves;

3) If there is no ability to live independently due to young age or mental retardation, the problem of abandonment will not occur except for family members with such circumstances.

3. Main elements:

1) The subject of this crime 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 him. 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;

2) The legal obligation to support each other is: husband and wife have the obligation to support each other; Parents have the obligation to raise and educate their minor children; Adult children have the obligation to support their parents: the relationship between parents and children is not extinguished by the divorce of their parents, and parents still have the obligation to raise and educate their children after the divorce; The rights and obligations between adoptive parents and adoptive children, stepparents and stepchildren are the same as those between biological parents and their children, but the rights and obligations between adoptive children and biological parents are extinguished by the establishment of an adoptive relationship; A child born out of wedlock shall have the same rights as a child born in wedlock, and the biological parents shall bear part or all of the child's necessary living and education expenses until the child is able to live independently; Grandparents have the obligation to support their minor grandchildren whose parents have died; Grandchildren have the obligation to support their deceased grandparents; Older siblings have the obligation to support minor younger siblings whose parents are deceased or who are unable to support them.

According to the above provisions, the refusal to support a distant relative who does not have an obligation to support him by law should not be considered an act of abandonment.

4. Subjective elements:

This crime is manifested in the subjective aspect as intentionality. That is, refusing to support oneself while 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 excuse that they are divorced and do not support their children:

some abandon children to create conditions for remarriage; Some abandon their wives or husbands in order to force the other party to divorce.

2. How many years is the sentence for the crime of abandonment?

Article 261 of the Criminal Law stipulates: 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 crime of abandonment refers to the act of refusing to support a person who is old, young, sick, or otherwise incapable of independent living, and the circumstances are heinous. The Criminal Law stipulates that a person who is old, young, sick or otherwise incapable of independent living and who has the obligation to support but 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. Refusing to support an old, young, sick, or other person who is incapable of independent living, 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 the circumstances are aggravating or not is an important boundary between the crime of desertion and the crime of non-crime. According to the experience of judicial practice, the aggravating 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 being abandoned, 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 instructed to make corrections and has put the victim's life 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. Article 261 of the Criminal Law of the People's Republic of China [Crime of Abandonment] 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.

Legal Analysis: The crime of abandonment is punishable by up to five years of imprisonment, criminal detention or controlled release. The subject of this crime 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 him.

Only those who meet these conditions can be the subject of this crime.

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 a stool 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.