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The question should be more detailed, I guess you are asking about the crime of omission, if the child is able to do so and does not help when the accident occurs, it constitutes the crime of omission, which is caused by a prior obligation (to carry the child out).
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If you are a guardian, you are generally not guilty.
If you are not a guardian, it is not a crime with the consent of the guardian.
In our criminal law, there is no "crime of negligence".
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The key depends on the cause of the child's death and whether the person acted at the time It is necessary to make a comprehensive judgment, and may bear criminal liability, but definitely bear civil liability.
Lawyer Xing Jiangfeng.
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It does not constitute a crime when obtaining the consent of the guardian.
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It is necessary to determine whether to bear criminal liability according to the actual situation, but it is necessary to bear civil liability for compensation.
Lawyer Ding Sheng.
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Yes, there is some responsibility.
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What is the cause of death? The reasons are different, the responsibility is different, not necessarily criminal liability, civil liability must be borne.
Lawyer Zhang Yunxia.
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That's not the ...... to askLaw Exam Questions? You don't write it all, do you? If it's like what you wrote, the person who asked the question was really ignorant......Without cause, there can be no ......I can't either!
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Figuring out the cause of the child's death is the basis of the whole case.
Lawyer Hao Jiang.
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May constitute the crime of intentional homicide or desertion.
Article 14 of China's Criminal Law stipulates that a person who clearly knows that his or her actions will have a result harmful to society, and hopes or allows such a result to occur, thus constituting a crime, is an intentional crime.
Intentional offenses include both direct and indirect intent.
A person who clearly knows that his or her conduct will have a result that is harmful to society, and hopes that such a result will occur, and thus constitutes a crime, is a direct intentional crime. Knowing that one's conduct will have a result that is harmful to society, and allowing such a result to occur, thus constituting a crime, is an indirect intentional crime.
Knowing that the child is lost and not taking measures, the perpetrator should clearly know that a harmful result will occur that is unfavorable to the child, and allow such a result to occur, resulting in his death, which is indirect intentional homicide.
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. A duty of maintenance is a prerequisite for the offence to be constituted. If the perpetrator has a legal obligation to support the lost child and has the ability to support it, it may also constitute the crime of abandonment, and if he does not have a legal obligation to support him, it only constitutes the crime of intentional homicide.
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causing death, suspected of intentional injury, shall be sentenced to 10 or more years imprisonment, life imprisonment, or death.
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Suspected of constituting the crime of abandonment, indirect intent.
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