What should a person do if he commits the sin of omission? Who condemns those who fail to act? 30

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The crime of omission refers to the act of the perpetrator who violates the direct provisions of the law, bears a statutory obligation and refuses to perform, and the circumstances are serious or heinous. For example, the crime of desertion can constitute an offence of omission. The crime of desertion refers to the act of refusing to support a family member who should be supported by the perpetrator due to old age, young age, illness, or other reasons, or who is incapable of living independently.

Criminal Law of the People's Republic of China

Article 397.

Where employees of state organs abuse their authority or derelict their duties, causing major losses to public property or the interests of the state or the people, they are to be sentenced to up to three years imprisonment or short-term detention;

where the circumstances are especially serious, the sentence is to be between three and seven years imprisonment. Where this Law provides otherwise, follow those provisions.

Where a person working in a state organ commits irregularities for personal gain and commits the crime described in the preceding paragraph, he shall be sentenced to up to five years imprisonment or short-term detention;

where the circumstances are especially serious, the sentence is to be between 5 and 10 years imprisonment. Where this Law has other provisions on the type of stool, follow those provisions.

There is no attempt to commit a crime of omission. The offence of omission refers to the deliberate failure to perform certain special legal obligations that constitute a crime. The crime of omission constitutes the completion of the crime as long as the act of omission of the perpetrator is committed, and therefore there is no state of attempted crime.

1. How shall the suspension of the crime of the perpetrator of a joint crime be provided.

In the case of joint perpetrators, as long as the act of one person causes the result of the crime, all the joint perpetrators are considered to have been completed. If one or more perpetrators merely passively cease committing the crime in the course of committing the crime, but do not actively prevent the criminal conduct of the other common perpetrators; or when the criminal act is completed but the crime is not completed, and the act to prevent the outcome from occurring is taken but does not work again, the automatic cessation of the crime cannot constitute the suspension of the crime, but can only constitute the form of completed or attempted crime based on whether the result has occurred.

2. What is completed and attempted.

"Completion of a crime" refers to the success of the crime, that is, the occurrence of a harmful result that the perpetrator wishes or allows and determines the nature of the conduct.

An attempt to commit a crime is an attempt to commit a crime when a crime has been committed and the crime is not carried out due to reasons other than the will of the offender. Failure refers to the completion of the form of the crime, and if a crime constitutes completion, it cannot constitute the incomplete form of the crime, and the failure to succeed does not emphasize that it did not lead to a harmful result, but does not meet all the constituent elements of the crime.

3. What is the connection and difference between the form of intentional crime cessation and the stage of intentional crime?

The form of crime cessation refers to the final form of crime in which the criminal act becomes premature due to some reason (such as voluntary abandonment or forced abandonment of crime, etc.). It is divided into preparatory pattern, attempted pattern, aborted pattern, and completed pattern. The criminal stage refers to the dynamic process of the development of criminal behavior.

The difference between the two is that a specific criminal act can only have one form of criminal cessation, and only one form of preparation, attempt, suspension, and completion can be one form to the exclusion of other forms. And there are many stages of a criminal act, such as the preparatory stage of the crime, the implementation stage, and so on. These phases can exist at the same time.

This specific criminal act is divided into several stages, and the preparatory phase and the implementation phase can exist at the same time. Of course, it is also possible that for some reason it has only progressed to the preparatory stage. However, in the end, there can only be one form of criminal behavior, that is, an attempt to commit a crime, an attempt to commit a crime that has been carried out.

Article 15 of the Criminal Code.

It is a crime of negligence to foresee that one's actions may have consequences that are harmful to society, but because of negligence and failure to foresee them, or those who have foreseen them and believe that they can avoid them, so that such a result occurs. Only those who commit crimes of negligence shall be criminally liable if the law provides for them.

Article 16. It is not a crime if the act objectively causes damage, but it is not caused by intent or negligence, but by irresistible or unforeseeable reasons.

Omission can also constitute a crime, such as the crime of abandonment, the crime of refusal to execute or adjudicate, and the crime of dereliction of duty. where the crime of abandonment is constituted, a sentence of up to five years imprisonment, short-term detention or controlled release is generally given. 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.

1. Will children who are sick with their husbands still be abandoned?

Where the husband's act of abandoning a sick child is heinous, it constitutes the crime of abandonment. constitutes the crime of abandonment, and is generally sentenced to up to five years imprisonment, short-term detention, or controlled release. The crime of desertion refers to the act of pretending to be a relative of a family member who is unable to live or has no ability to live independently due to old age, young age, illness or other reasons, and refuses to support a family member who should be supported.

2. How many years is the sentence for the crime of desertion.

Objectively, it is manifested as the refusal to support family members who should be supported by the elderly, young, sick, or other family members who lack the ability to live independently, and the circumstances are heinous. The subject is a person who has the obligation to support and has the ability to support. The subjective aspect is manifested as deliberate.

3. Does abandonment of kindergarten count as abandonment?

Sending a child to kindergarten is not an act of abandonment, nor does it cause serious harm to the child, and does not constitute the crime of abandonment. 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. Whoever commits the crime of abandonment is to be sentenced to up to five years imprisonment, short-term detention or controlled release.

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 support them, and the circumstances are heinous, a sentence of up to five years imprisonment, short-term detention, or controlled release is to be given.

Omissions can also constitute crimes, such as abandonment, refusal to execute, adjudication, dereliction of duty, etc. Relatives who constitute the crime of abandonment are generally sentenced to up to five years imprisonment, short-term detention, or controlled release. The crime of abandonment refers to the conduct of family members who do not have a life due to old age, youth, illness or other reasons, or who are able to live independently and have the strength to limbs and spinal forces, and shall be supported and refused to be supported.

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 is forced to support a person who has an obligation to support him 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 conditions for the offence of omission are as follows: the perpetrator has a specific legal obligation to commit a positive act, is able to do it but does not do it, and meets the age requirement of criminal responsibility. Crimes of omission include the crime of abandonment, the crime of refusing to enforce a judgment or ruling, etc.

[Legal basis].

Article 261 of the Criminal Law of the People's Republic of China stipulates that a person who is old, young, suffering from wild plum disease, or otherwise has no ability to live independently, has an obligation to support but 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. Article 313 of the Criminal Law of the People's Republic of China provides that a judgment or ruling of a people's court is capable of being enforced but refuses to do so, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

"Crime of omission" refers to conduct in which the perpetrator violates the direct provisions of the law, bears a legally-prescribed obligation and refuses to perform, and the circumstances are serious or heinous. To briefly summarize the crime of omission, it can be described in six words as what should be done, what can be done, and what not to do. In terms of its legal characteristics, it is hidden, negative, indirect and illegal.

The characteristics of the crime of omission include: (1) violating the direct provisions of the law. It refers to the crimes directly provided for in the Criminal Law to constitute a crime, that is, the principle of legality of crimes

It is not a crime if there is no provision in the law", and "analogy" is strictly prohibited. The offences determined in the Criminal Code shall prevail. (2) Have legal obligations.

It refers to an act in which the law provides that the actor has an obligation to act and does not act. For example; The mother refuses to breastfeed the baby, resulting in the death of the baby. It is an omission offence.

3) Refusal to perform. It refers to the act of being able to act conditionally and refusing to perform an act. Article 445 of the Criminal Law stipulates that a person who refuses to treat critically injured or sick servicemen when he has the conditions to treat a critically injured or sick soldier in the post of ambulating rock stalls in wartime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; Whoever causes serious disability or death of a wounded or sick serviceman or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.

4) Conduct that is serious or heinous.

Legal basis] Article 445 of the Criminal Law of the People's Republic of China: Whoever refuses to treat critically injured or sick servicemen while in a position of ambulance ** in wartime is entitled to receive treatment shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention; Whoever causes serious disability or death of a wounded or sick serviceman or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.