Parents who throw their mentally ill children into the mountains want to be sentenced?

To be sentenced. According to Article 261 of the Criminal Law of the People's Republic of China, a person who has an obligation to support an old, young, sick or other person who has no ability to live independently 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 object of the offence is the victim's right to equality among family members. Eligibility is limited to family members who are elderly, young, sick or otherwise unable to live independently. This crime is objectively manifested as the elderly, young, sick, or other family members who are incapable of independent living, and who should be supported but refuse to do so, and the circumstances are heinous.

Whether the circumstances are aggravating or not is an important boundary between the crime of desertion and the crime of non-crime. In the objective aspect, the crime of abandonment generally refers to the abandonment of the victim in a place where he can obtain assistance, such as the door of another person's house, a train station, a wharf, a street intersection, and so on. In this case, if there are no serious consequences, criminal responsibility may not be pursued, and a fine may be imposed by the public security department.

If the victim is seriously injured or dies 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; In cases where the victim is cornered and forced to commit suicide due to abandonment, responsibility must be pursued as the crime of abandonment.

Abandonment to the mountains, on the other hand, is intentional and vicious in the subjective aspect, and has already constituted a crime. If serious consequences occur, such as placing an infant or an elderly person with mobility difficulties in a place where assistance cannot be obtained, abandoning an infant in a deep ravine, abandoning an elderly person who is delirious and unable to move in a wild beast-infested or inaccessible wilderness, etc., resulting in the death of the victim, the crime of intentional homicide is suspected. Article 232 of the Criminal Law:

Whoever intentionally kills a person shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment.

If it is to be sentenced, it is a crime of desertion. The law stipulates that parents have the obligation to support their children, and if the child is sick, they must not throw it away, and must be responsible for him, at least to support him. Carrying a sick child is very tired, but the law does not allow him to be discarded.

Summary. What do you mean about the sentence of the parents? Being sent to a psychiatric hospital by a family member is generally a civil dispute, because in this case the family and all parties to the psychiatric hospital may be liable.

What do you mean by how do parents get back to prison? Being sent to a psychiatric hospital by a family member is generally more divided than a civil dispute, because in this case, the family and all parties in the psychiatric hospital may be liable.

Article 78: In any of the following circumstances, violating the provisions of this Law, causing harm to the person, property, or other harm to a person with a mental disorder or other citizens, he shall bear the duty of compensation in accordance with law: (1) Intentionally sending a person with a non-mental disorder to a medical organization as a person with a mental disorder**; (2) The caregiver of a person with a mental disorder abandons the patient, or there are other circumstances in which they do not perform their duties of care; (3) Discriminating, insulting, or abusing persons with mental disorders, infringing on their personal dignity or physical safety; (4) Violating the Law of Repentance and Purity restricting the personal freedom of persons with mental disorders; (5) Other situations that infringe on the lawful rights and interests of persons with mental disorders.

Legal Analysis: Will be sentenced. 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.

The criterion for filing a case for the crime of abandonment is "heinous circumstances", which mainly refers to serious consequences such as serious injury or death of the victim caused by abandonment; There is abandonment, omission and repeated teaching; or the means of abandonment, the circumstances are particularly heinous, and so on.

Legal basis: Criminal Law of the People's Republic of China Article 261 Where an old, young, sick, or other person who lacks the ability to live independently, has an obligation to support but refuses to support, and the circumstances are heinous, a sentence of up to five years imprisonment, short-term detention, or controlled release is to be given.

Where a mentally ill person causes harmful results when he is unable to recognize or control his own behavior, and it is confirmed through legal procedures, he shall not bear criminal responsibility, and the civil liability for compensation shall be borne by his legal person, and his family or guardian shall be ordered to take strict care and medical treatment; When necessary, the ** will enforce the medical treatment.

Article 18 of the Criminal Law contains that where a mentally ill person causes harmful results when he is unable to recognize or control his or her own behavior, and it is confirmed through legally-prescribed procedures, he does not bear criminal responsibility, but his family or guardian shall be ordered to strictly supervise and receive medical treatment; When necessary, by ** compulsory medical treatment. An intermittent mentally ill person who commits a crime when he is mentally normal shall bear criminal responsibility. Where a mentally ill person who has not completely lost the ability to recognize or control his or her own conduct commits a crime, he shall bear criminal responsibility, but the punishment may be mitigated or commuted.

A person who commits a crime while intoxicated shall bear criminal responsibility.

If a father abandons his mentally ill son, and the circumstances are aggravated, he shall be convicted of abandonment.

In accordance with Article 261 of the Criminal Law of the People's Republic of China:

[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

1. The crime of abandonment refers to the refusal to support an old, young, sick (including mentally ill) or other person who is unable to live independently, and the circumstances are heinous.

The criterion for filing a case for the crime of abandonment is "heinous circumstances", which mainly refers to serious consequences such as serious injury or death of the victim caused by abandonment; Repeated abandonment; or the means of abandonment, the circumstances are particularly heinous, and so on.

3. The crime of abandonment is a private prosecution case, and it is necessary to collect evidence by oneself and directly prove that the circumstances are heinous before going to the people's court at the place of household registration to initiate criminal proceedings.

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.

Objectively, it is manifested as an act that refuses to support 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.