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Desertion. refers to conduct in which the perpetrator refuses to support an old, young, sick, or other person who lacks the ability to live independently, and the circumstances are heinous.
It is specifically manifested in the perpetrator's refusal to support the elderly, young, sick, or other family members who do not have the ability to live independently.
Heinous circumstances refer to causing the victim to be unable to live, desperate, begging, abandoning minors or the elderly, demented or mentally ill, causing the victim to commit suicide or ** serious consequences.
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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.
Article 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, 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 crime of abandonment refers to the act of refusing to support a person who has an obligation to support the elderly, young, sick, or other persons who are unable to live independently, and the circumstances are heinous. One of the crimes of obstructing marriage and family in the Criminal Law of China.
The main characteristics are: (1) The object of the violation is the victim's equal right in the family. (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 offence 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 to 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.
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"According to the relevant provisions of Article 261 of the Criminal Law of our country, the so-called crime of abandonment refers to the refusal to support the elderly, the young, the sick or other persons who are unable to live independently, and the circumstances are heinous. The abandonment of the infant by the parents in the hospital for the purpose of not supporting her can generally be found to be the crime of abandonment. ”
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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.
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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.
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This crime is objectively manifested as the elderly, young, sick, or other family members who do not have the ability to live independently, and refuse to support them when they should be supported, 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) Lack of ability to live independently due to young age or mental retardation.
Except for family members with such circumstances, the problem of abandonment does not occur.
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It refers to the refusal to support the elderly, the young, the sick, or other persons who are unable to live independently, and the circumstances are heinous. 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. This crime is manifested in the subjective aspect as intentionality. That is, refusing to support oneself knowing that oneself should fulfill one's obligation to support.
The object of the offence is the victim's right to equality among family members. Eligibility is limited to family members who are elderly, young, sick or otherwise unable to live independently. 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.
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Failure to fulfill the obligation to support a person who has a specific obligation to raise or support the law, causing major consequences (such as causing the death of the dependent).
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The crime of abandonment refers to the refusal of a person who has an obligation to support a person who is old, young, sick, or otherwise incapable of independent living, and laughs at the act of aggravating the circumstances. Where the perpetrator constitutes the crime of abandonment, and the circumstances are heinous, the sentence is up to five years imprisonment, short-term detention, or controlled release. Touching the rent.
[Legal basis].
Article 261 of the Criminal Law of the People's Republic of China 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. Article 14: Intentional crimes are committed intentionally where 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.
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Legal Analysis: 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.
Basis of the law: Article 1041 of the Civil Code of the People's Republic of China Marriage and family are protected by the state. Freedom of marriage, monogamy, and equality between men and women are practiced.
Protect the legitimate rights and interests of women, minors, the elderly, and the disabled. Dough buried wax.
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Legal Analysis: The crime of abandonment refers to the refusal to support an old, young, sick or other person who does not have the ability to live independently.
Article 261 of the Criminal Law of the People's Republic of China: 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.
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