Whether it can constitute the crime of desertion, how can it constitute the crime of desertion

Whether or not the crime of abandonment can be constituted depends on whether the elements of the crime are met.

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 old, young, sick or other family members who are unable to live independently refer to the family members who have the following conditions: (1) due to old age, disability, illness and other reasons, lost the ability to work and have 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.

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.

Article 261 of the Criminal Law stipulates that a person who is old, young, sick or otherwise incapable of independent living 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 controlled release.

Yes, sufficient evidence should be collected.

The elements constituting the crime of desertion are: 1. The object of the violation is the equal rights of the victim in the family; 2. Objectively manifested as an old, young, sick, or other family member who has no ability to live independently, and refuses to support them when they should be supported, and the circumstances are heinous; 3. The subject of the crime is a person who has a legal obligation to support the abandoned person with liquid; 4. The subjective aspect is intentional, that is, knowing that oneself should fulfill the obligation of support.

Article 261 of the Criminal Law "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 fixed-term imprisonment of not more than five years, short-term detention, or controlled release.

2. Objectively manifested as the perpetrator's refusal to support family members who have no livelihood or the ability to live independently due to old age, young age, illness or other reasons. 3. The subject of the crime is a person who has a legal obligation to support the abandoned person.

Legal basis: Criminal Law of the People's Republic of China Article 200 Lu 61 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.

Legal Analysis: The crime of desertion is only considered if the following elements are constituted:

1. The main body is the person who is legally responsible for the support of the abandoned person;

2. Manifested intentionally in the subjective aspect;

3. The object is the equal rights of the victim among family members;

4. Objectively manifested as an old, young, sick person, or a member of a family whose jujube faction has no ability to live independently, he is envious of the family, and should be supported but refuses to support him, and the circumstances are heinous.

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.

The crime of abandonment refers to the act of refusing to support a person who has an obligation to support the elderly, the young, the sick, or other persons who are unable to live independently, and the circumstances are heinous. The following elements are met to constitute the crime of abandonment: 1. The subject is a person who has a legal obligation to support the abandoned person and has the ability to support him; 2. The subjective aspect is intentional, that is, refusing to support while knowing that he should fulfill his obligation to support; 3. The object is the victim's equal rights among family members, and the object is limited to the elderly, young, sick, or other family members who are unable to live independently; 4. Objectively manifested as an act that is elderly, young, sick, or other family members who do not have the ability to live independently, and who should be supported but refuse to do so, and the circumstances are heinous.

Legal basis: Article 261 of the Criminal Law provides that a person who is old, young, sick, or otherwise incapable of independent living has an 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 controlled release.

The crime of desertion will only be constituted if the following circumstances are present:

1. The perpetrator must have an obligation to support.

2. The perpetrator is able to afford it but refuses to support it. Being able to afford means having an independent financial ability and having a surplus of money beyond the minimum standard of living (the local standard at the time) for yourself, your children, and the elderly.

3. The act of abandonment must reach the level of heinous circumstances before it constitutes a crime.

[Legal basis].Article 261 of the Criminal Law.

Persons who are elderly, young, ill, or otherwise incapable of independent living, who have an obligation to support but refuse to do so, and the circumstances are heinous, are to be sentenced to up to five years imprisonment, short-term detention, or controlled release.

The second hundredth does burn sixty articles.

Where a person with guardianship or care duties abuses a person under guardianship or care for minors, the elderly, the sick, the disabled, or so forth, and the circumstances are heinous, a sentence of up to three years imprisonment or short-term detention is to be given.

Refusal to support an old, young, sick, or other person who lacks 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. 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, and so on.

1. The confinement man does not count as the crime of abandonment.

does not constitute the crime of desertion. Whether the evaluation criteria for the crime of abandonment have been met need to be seen to see whether the aggravating circumstances have been reached. The objective assessment of the crime of abandonment is due to the refusal 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.

According to the practical experience of the judicial brothers, the heinous circumstances of the act of abandonment refer to: serious injury or death of the victim due to 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, and so on.

2. What are the responsibilities of a husband for abandoning his seriously ill wife?

A husband's abandonment of a seriously ill wife may be subject to criminal liability. If one of the spouses is ill or lacks the ability to live independently, and the spouse who has the obligation to support him refuses to dismantle and withdraw support, and the circumstances are heinous, it will constitute the crime of abandonment, and the criminal liability for the crime of abandonment shall be fixed-term imprisonment of not more than five years, short-term detention or public surveillance.

The heinous circumstances of the act 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 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., in the process of abandonment, there are beatings, scolding, or abuse).

Article 261 of the Criminal Law provides that 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, shall be sentenced to up to five years imprisonment, short-term detention or controlled release.

Analysis of the sale of legal property: It refers to the behavior of refusing to support the elderly, young, sick or other people who have the ability to live independently, and the circumstances are heinous. In practice, the relevant acts may be suspected of constituting the crime of abandonment after satisfying the constitutive elements of the crime of abandonment as prescribed by law.

When this is done, it is also necessary to see whether the actual act meets the criteria for filing a case for the crime of desertion as prescribed by law, and if so, then it can be determined that the act constitutes the crime of abandonment. After that, the perpetrator will be convicted and punished according to the specific circumstances.

Legal basis: Article 261 of the Criminal Law of the People's Republic of China Whoever refuses to support an old, young, sick, or other person who has no ability to live independently, and the circumstances are heinous, is to be sentenced to up to five years imprisonment, short-term detention, or controlled release.