How to sentence a son for refusing to support his parents for abandonment

One of the children does not support the elderly, and the crime of abandonment refers to the act of refusing to support a person who has the obligation to support the elderly, the young, the sick or other persons who are unable to live independently, and the circumstances are heinous. He is to be sentenced to fixed-term imprisonment of not more than five years, short-term detention or controlled release.

[Legal basis].Article 14 of the Criminal Code.

Intentional crimes are committed when 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.

Article 261.

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.

No. According to the provisions of China's Law on the Protection of the Rights and Interests of the Elderly, if one of the children does not support the elderly, it is a dispute over maintenance, and does not belong to the crime of abandonment, so it will not constitute the crime of abandonment.

Criminal Law of the People's Republic of China

Article 261:[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 shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention, or controlled release.

Law on the Protection of the Rights and Interests of the Elderly

Article 76:Where the freedom of marriage of the elderly is interfered with, the elderly are obliged to be supported or supported but refuse to be supported or supported, the elderly are abused or domestic violence is to be committed against the elderly, and the relevant units are to give criticism and education; where a violation of the public security administration of the airside is constituted, a public security administrative punishment shall be given in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

If the elderly have other children to support, and have the ability to live, it is not considered the crime of abandonment, but it is the obligation of the children to support the elderly, and if the children refuse to support the elderly, the relevant organizations or units should urge them to perform, and if disputes arise due to maintenance, they may apply for mediation or direct litigation.

Legal basis: Article 261 of the Criminal Law of the People's Republic of China Where a person who is old, young, sick, or otherwise incapable of independent living 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.

Article 24 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly: Where supporters or supporters do not perform their obligations to support or support, basic-level mass autonomous organizations, organizations for the elderly, or the units to which the supporters or supporters belong shall urge them to perform.

Article 75 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly: Where disputes arise between the elderly and their family members over maintenance, support, housing, property, etc., they may apply to the people's mediation committee or other relevant organizations for mediation, and may also directly file a lawsuit in the people's courts. When people's mediation committees or other relevant organizations mediate disputes in the preceding paragraph, they shall resolve conflicts and disputes through methods such as persuasion and counseling; Family members who are at fault shall be given criticism and education. The people's courts may rule in accordance with law to enforce the elderly's application for recovery of alimony or alimony.

Article 76 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly: Where the freedom of marriage of the elderly is interfered with, the elderly are obliged to be supported or supported but refuse to be supported or supported, the elderly are abused, or domestic violence is committed against the elderly, the relevant units are to give criticism and education; where a violation of the administration of public security is constituted, a public security administrative sanction shall be given in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Abandonment of the elderly by not supporting the elderly, where the circumstances are serious and suspected of the crime of abandonment, is generally sentenced to up to five years imprisonment, short-term detention, or controlled release. The object violated by the crime of desertion is the victim's right to equality among family members. The crime of desertion refers to the act of refusing to support a family member who is unable to live or is unable to live independently due to old age, young age, illness or other reasons.

Article 3 of the Criminal Law of the People's Republic of China: Where the law clearly stipulates that it is a criminal act, it shall be convicted and sentenced in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced. Article 5 of the Criminal Law of the People's Republic of China: The severity of the punishment shall be commensurate with the criminal offense and the criminal responsibility borne by the criminal. Article 261 of the Criminal Law of the People's Republic of China: Where an old, young, sick, or other person who has an obligation to support a person 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.

A child has an obligation to support the parent who has committed the crime of abandonment, but may not fulfill the obligation to support. Parents who abandon their children in principle lose the right to demand that their children fulfill their maintenance obligations.

Marriage Law of the People's Republic of China

Article 21: Parents have an obligation to raise and educate their children; Children have an obligation to support their parents.

If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents.

In the event that a child fails to fulfill his or her maintenance obligations, the parent who is unable to work or who is in difficulty in living has the right to demand maintenance from the child.

Infant drowning, infant abandonment and other acts of infant mutilation are prohibited.

Article 22: Children may take their father's surname or their mother's surname.

Article 23: Parents have the right and duty to protect and educate their minor children. Parents are obliged to bear civil liability when their minor children cause damage to the state, the collective, or others.

That is, the Son of Man. There is an obligation to support.

Even if there is, it will not be taken care of.

From ancient times to the present, supporting the elderly and thanking their parents is a moral and psychological issue, and it is also an obligation that every citizen should fulfill according to the law, but there are some people who refuse to perform, and the obligation to support their parents constitutes the crime of abandonment, and they will face a sentence, because the crime of abandonment is a social obligation and a legal obligation stipulated by law. If objectively, the elderly are not able to support their family members because they have no livelihood or no ability to live independently, and the act of refusing to support them can be judged as the crime of abandonment, and if the circumstances are heinous, they shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term detention or public surveillance.

What should parents do if their children do not fulfill their maintenance obligations?

When some parents are older, when their children do not want to take on the obligation of support due to physical reasons, they can first seek help from the staff of the community or neighborhood committee to criticize and educate their children. The community will supervise and let the children have the obligation to support their parents, but some people will not obey the arrangements of the community, so the parents can file a civil lawsuit and file a lawsuit with the court to demand the right to support the parents to give alimony.

How is the crime of desertion determined, and does it meet the standard of sentencing?

First of all, in order to determine the crime of abandonment, the criterion for sentencing is that all acts must be committed to the level of aggravating circumstances. Because the main manifestation of the act of abandonment is inaction, and the object of abandonment must be a person who is old or young or unable to live independently because he has no other ability to live, and the lack of children or the obligation of parents to support them is very bad to a certain extent in order to constitute a crime, so to determine whether the crime of abandonment is mainly based on whether the circumstances are heinous, such as the children often use some bad means, or because the instrument causes the parents to be displaced or have difficulties in life. These circumstances are aggravating circumstances.

Although the last act of abandonment does not constitute an obvious crime in the eyes of the law, and the law will not pursue criminal responsibility, such an act is illegal and immoral, and can be punished by the Public Security Administration.

As long as the crime of desertion is constituted, it can be sentenced. 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. It can be seen that the refusal to perform the obligation of maintenance will constitute the crime of abandonment.

According to article 261 of the Criminal Law, a person who commits the crime of abandonment shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.

Hello, according to your description, if the person who has a legal obligation to support the abandoned person and the person who has the ability to support him refuses to fulfill the obligation of support, it will constitute the crime of abandonment.

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 offence of desertion is punishable by imprisonment for a term not exceeding five years, criminal detention or public surveillance.

1. Where the circumstances are serious and constitute a crime, criminal responsibility shall be pursued in accordance with law.

2. Where minors have an obligation to support but refuse to do so, and the circumstances are heinous, criminal responsibility is to be pursued in accordance with Criminal Law article 183.

3. Where a disabled person who has an obligation to support a disabled person who does not have the ability to live independently refuses to do so, and the circumstances are heinous, or where the circumstances are heinous, or where the disabled person who does not have the ability to live independently, criminal responsibility is to be pursued in accordance with the provisions of Criminal Law article 183.

Yes, because there is a relevant content in the Criminal Law, if a sick person, an older person or an older child is abandoned or abandoned, the circumstances are serious, and a sentence of 5 years in prison may be imposed.

The crime of desertion is punishable by a sentence of more than three years in prison, and there is also a certain financial penalty.

It will definitely be sentenced, such an act can be said to be very incorrect, and such an act may directly lead to a prison sentence of less than 5 years, or it may be directly controlled and detained.

The crime of desertion is punishable by imprisonment for a term of not less than 5 years but not more than 10 years, and the maintenance of the elderly is compulsory.

It is possible for a person who does not have a legal obligation to support him or her to be convicted of the crime of abandonment, and the subject of the crime of abandonment is a person who has a legal obligation to support the abandoned person and has the ability to support him. 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 object of the offence is the victim's right to equality among family members.

[Legal basis].Article 260 of the Criminal Law of the People's Republic of China.

Whoever refuses to support an old, young, sick, or other person who has an obligation to support him, and the circumstances are heinous or verified, is to be sentenced to fixed-term imprisonment of not more than five years, short-term detention, or controlled release.