Is it a crime to abandon a family member if you leave a two month old child and not support it for t

Not having a child without custody is not considered abandonment. The crime of abandonment refers to the criminal conduct of refusing to support a person who is old, young, sick, or otherwise incapable of independent living, and the circumstances are heinous. The non-custodial party does not have an obligation to maintain and therefore does not constitute the crime of abandonment.

[Legal basis].Article 3 of the Criminal Law of the People's Republic of China.

where the law clearly provides that it is a criminal act, it is to 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 200 and Qi 61.

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.

There is generally no time limit for the crime of abandonment if you are a relative and do not support a child. 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 heinous 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 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, and abusive behaviors) and so on.

Summary. Hello, the crime of desertion has no time limit, as long as the conditions are constituted, the criminal standard has been met.

Failure to raise a child for several years constitutes the crime of desertion.

Hello, the crime of desertion has no time limit, as long as the conditions are constituted, the criminal standard has been met.

The crime of abandonment refers to the refusal to support a person who is old, young, sick, or otherwise incapable of independent living, and the circumstances are heinous. A conviction for the crime of abandonment carries a penalty of up to five years' imprisonment, criminal detention or controlled release. The law does not stipulate a specific time limit, and the act of abandonment must reach the level of aggravating circumstances in order to constitute a crime.

I have been separated from my child's father for half a year.

Kindness. This year, as a father, I only gave a thousand.

The other expenses are all mine.

In this case, it is not a crime of desertion.

It is a non-payment of child support.

You can sue the other party to apply for enforcement.

Is it possible for us to sue for alimony if we are not divorced?

If you are not divorced, you cannot.

Is it now that the child has an income from you**?

Not necessarily.

If the woman's abandonment reaches the aggravating level, it constitutes the crime of abandonment; If the aggravating circumstances do not reach, the crime of desertion is not constituted.

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 crime of desertion is committed against a person who is old, young, sick or otherwise incapable of independent living. "Lack of independent living ability" refers to the situation of not having or losing the ability to work, having no livelihood and needing to be supported by others financially, or having economic income, but unable to take care of oneself and needing to be taken care of by others. The subject of the crime of abandonment refers to a person who has an obligation to support the above-mentioned objects.

The "obligation to support" as provided for herein refers to the obligation that the perpetrator has in accordance with law to provide, care for, or assist the above-mentioned dependents in the economic and living methods for the elderly, young, sick, or other persons who are unable to live independently, so as to maintain their normal lives.

According to the provisions of the Marriage Law, it mainly includes the following aspects: husband and wife have the obligation to support each other; Parents have an obligation to raise and educate their children; Children have the obligation to support their parents; Adoptive parents have the obligation to support their adoptive children, and stepparents have the obligation to support their stepchildren; Grandparents who can afford it have an obligation to support their minor grandchildren whose parents have died; Grandchildren who can afford it have an obligation to support their grandparents who have died; The elder sibling who can afford it has the obligation to support the minor sibling whose parents have died or whose parents are unable to support them, etc.

The subject of the crime of abandonment is a person who has the obligation to support, and if a person who does not have the ability to live independently does not have the obligation to support, there is no problem of abandonment, and this crime cannot be constituted. This crime is objectively manifested in the refusal to support due to the obligation to support. As a result of the perpetrator's failure to perform his or her legal obligations, the dependents are denied financial security or necessary care and assistance in their daily lives, and their lives and health are seriously threatened and harmed.

It should be noted that the act of desertion must be aggravated in order to constitute a crime. This is one of the important lines of demarcation between the crime and the non-crime. The "heinous circumstances" here mainly refer to serious consequences such as serious injury or death of the victim due to abandonment; Repeated abandonment; or the means of abandonment, the circumstances are particularly heinous, and so on.

According to the provisions of the Criminal Law, whoever commits the crime of abandonment shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention or controlled release.

Refer to the Chinese National Network.

Criminal Law 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, a sentence of up to five years imprisonment, short-term detention, or controlled release is to be given.

If there is a subjective idea of abandonment, and the act of abandonment is objectively committed, then it constitutes a crime, even if it is for a minute, it is abandonment. However, if the person who has been abandoned repents and promptly finds the person who was abandoned, and does not cause serious consequences, criminal responsibility is not to be pursued.

According to article 261 of the Criminal Law of the People's Republic of China, the crime of abandonment refers to the refusal to support a person who is old, young, sick, or otherwise incapable of independent living, and the circumstances are heinous.

where the crime of abandonment is constituted, the sentence is up to 5 years imprisonment, short-term detention or controlled release in accordance with law. From the above provisions, it can be seen that the act of abandonment must reach the level of aggravating circumstances before it constitutes a crime.

According to judicial practice, heinous circumstances refer to serious injuries 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, causing the victim's life to be in danger; The means of abandonment are very heinous (e.g., there are beatings, scolding, or abuse in the process of abandonment).

Therefore, failure to support children after divorce will constitute the crime of abandonment if the aggravating circumstances are aggravated, regardless of the length of time.

1. How long does it take to not raise a child in the Civil Code, but refusing to raise a child will constitute the crime of abandonment. Article 261 of the Criminal Law of the People's Republic of China stipulates that a person who is old, young, sick or otherwise incapable of independent living has an obligation to support a person who refuses to do so, and the circumstances are heinous, shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention or controlled release.