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Legally speaking: if the destruction of property reaches 5,000 yuan, it is suspected of intentional destruction of property; If the injury is minor, it is suspected of intentional injury, and if the result of serious injury or death is caused, it will be suspected of intentional injury (serious injury) and intentional homicide. In principle, the death penalty is not to be applied to the elderly over the age of 75, except where death is caused by particularly cruel means (article 49 of the Criminal Law), and the punishment may be mitigated or commuted for the elderly over the age of 75 who intentionally commit crimes; In addition, a suspended sentence shall be announced for 75-year-olds who meet the requirements for a suspended sentence of less than three years.
In short, the principle of "proportionality of criminal responsibility and punishment" and the criminal policy of "blending leniency and severity" in the Criminal Law have corresponding provisions for crimes of different severity in order to maintain social stability.
From the perspective of life, the family is harmonious and everything is prosperous, and the law is only the last line of defense for social morality, and the victim should also stand on a higher position, value harmony, and actively resolve conflicts in order to achieve family harmony.
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The police must be called and the police will deal with it, and no matter who or how much energy he has in our country, he must obey the law, otherwise he must be punished by the law.
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It's really true, an eighty-year-old man, even if he kills someone, he won't go to prison, he must be serving his sentence at home. Why did the victim's eldest son offend his old father, he should apologize and check himself.
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The victim should report to the police immediately and keep evidence of hospitalization if he or she has been injured and hospitalized.
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Legal analysis: whether the parents commit a crime or whether the child is compensated depends on the circumstances, first, the parents commit a crime and cause certain personal injury or property damage, the victim has the right to demand compensation, and the parents compensate for their own property, if the property owned by the parents is sufficient to pay off the victim's losses, the children have no obligation to compensate Second, when the parents cause damage to the victim and they are also dead, or they are not dead but the ability to compensate is insufficient, when the victim asks for compensation, The child should be liable for compensation. However, there is one exception, where the victim raises an attached civil lawsuit or a separate civil lawsuit to demand compensation for moral losses due to a criminal violation, the people's court will not accept it.
Where the victim demands compensation, the people's court may conduct mediation, or make a judgment or ruling based on the material losses.
Legal basis: "Provisions of the Supreme People's Court on Issues Concerning the Scope of Civil Litigation Attached to Criminal Cases" Article 143 (1) Criminal defendants and other joint offenders who have not been pursued for criminal responsibility;
2) The guardian of the criminal defendant;
3) the heirs of the executed convict's estate;
4) In cases of joint crimes, the heirs of the defendant's estate who died before the conclusion of trial;
5) Other units and individuals that shall bear responsibility for compensation for the victims' material losses in accordance with law.
Where the relatives and friends of the defendant in attached civil litigation voluntarily compensate on their behalf, it shall be permitted.
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1. The children of the elderly do not need to bear the responsibility. The principle of punishment stipulated in China's criminal law is that the responsibility for the crime is not innocent, and the children are not responsible for the crime committed by the old man. However, if the children of the elderly commit a crime, they need to be held accountable.
2. According to Article 25 of the Criminal Law of the People's Republic of China, a joint crime refers to a joint intentional crime committed by two or more persons. Where two or more persons commit the crime of coercion with joint negligence, it is not to be punished as a joint crime; Those who shall bear criminal responsibility are to be punished separately according to the crimes they committed.
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The issue of whether the elderly's violations and crimes can be dealt with leniently should be judged and handled on the basis of the specific circumstances. Generally speaking, according to the provisions of China's Criminal Law, the severity of the crime should be comprehensively evaluated according to factors such as the nature, circumstances, degree of harm, and social harmfulness of the crime, rather than only judging according to the age of the offender. Therefore, it is not possible to generalize the crimes committed by the elderly to the conclusion that they will be dealt with lightly.
For the ** incident that happened to the woman, the detention should not be carried out because the defendant is older, but should be investigated and dealt with in accordance with legal procedures. Factors such as the age and physical condition of the criminal suspect may be considered as mitigating circumstances in criminal trials, but should not be a reason for not enforcing the law.
Regardless of the age of the criminal suspect, the trial and judgment should be conducted fairly in accordance with the law to protect the legitimate rights and interests of the victim. At the same time, it is also necessary to strengthen the prevention and education of the elderly in crime and to safeguard social fairness and justice.
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In our law, adult children are not legally responsible for the criminal acts of their parents. However, if the older person needs the assistance or acquiescence of the child in the crime, the child may be held jointly and severally liable. In addition, if the elderly person commits a crime due to mental illness or cognitive impairment, the child may have to provide the necessary care and** for the elderly, and bear some liability for compensation.
Do the children of the elderly have to bear the responsibility for crimes.
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Under our law, adult children are not legally liable for the criminal acts of their parents. However, if the older person needs the assistance or acquiescence of the child in the crime, the child may be held jointly and severally liable. In addition, if the elderly person commits a crime due to mental illness or cognitive impairment, the child may have to provide the necessary care and** for the elderly, and bear some liability for compensation.
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In other cases, if the elderly are unable to take care of themselves due to physical reasons, and the children do not fulfill their obligations to raise and care for them, resulting in the elderly committing crimes, the children may be held civilly liable. <>
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In addition, if the child knows that his parents have committed a crime but does not report it to the police, hides evidence of the crime, or helps his parents escape punishment, it may also be considered a joint crime. <>
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Again: In our country, the number of crimes committed by the elderly is increasing year by year, which is related to various factors such as the social status, economic status, education level, and health status of the elderly. In the face of the crimes committed by the elderly, we should strengthen social care, improve the quality of life of the elderly and the sense of hunger and happiness of the elderly, and at the same time strictly crack down on the crimes of the elderly in accordance with the law.
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In addition to strengthening the concern for the elderly, it is also necessary to educate minors about their hunger and education, so that they can know how to respect the elderly, and cultivate a sense of family responsibility and social responsibility. <>
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Suspected of committing a crime, now unfilial piety has become an illegal act, children have coupons to support the elderly, regardless of whether the elderly have a pension or not, children need to fulfill the obligation to support the elderly.
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The child is suspected of violating the law and committing a crime. The failure of children to support the elderly is already a violation of people's moral values, and it is also a violation of the law from a legal point of view.
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Of course, this kind of behavior is suspected of being a crime, and I think such children are really hateful, and their parents will suffer such crimes when they raise themselves until they are old.
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If the child does not support the elderly, this kind of behavior is illegal, and there is indeed a verge of being suspected of committing a crime, and this will also be morally condemned.
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As a child, it is illegal not to support your parents, and it is annoying from a humanitarian and legal point of view, and your parents have raised you so hard, but you do not support your parents, then your parents raising you are equivalent to raising a white-eyed wolf, which is the object of spurning for society.
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If a crime is suspected, the law clearly stipulates that children who do not support their parents shall be punished with a prison term of not less than six months but not more than three years, and shall pay all the living expenses of the elderly in the future.
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According to the provisions of China's civil law, children have the obligation to support their parents, and those who do not support their parents must be sentenced to fixed-term imprisonment of up to 5 years, criminal detention or controlled release according to the severity of the circumstances.
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The old man has lived outside his son's house for more than ten years, and the children do not support the elderly, in fact, they are suspected of committing a crime, and the relevant laws and regulations stipulate that the children have certain obligations and must support the elderly.
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Suspected. But if the old man doesn't prosecute them, it's not a crime, and maybe the old man is willing to live like this.
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According to the law of our country, children have the obligation to support the elderly in the family, and it is suspected of a crime for children not to support the elderly, which violates civil liability.
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If you are suspected of committing a crime, the child needs to support the elderly, and this is the most basic filial piety, and we can't do this.
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Grandma Hong, who is in her 80s, lives in the same neighborhood with her son and daughter-in-law's family, but her son's daughter-in-law's family lives in a suite, while Grandma Hong can only live in the staircase passage. In this regard, lawyer Gao of Jiangsu Dongyin Law Firm believes that after Grandma Hong moves out of the "residence", she will face the situation of being homeless, and her son and daughter-in-law must support the elderly, even if she cannot take her back to her home, she must be given a stable residence.
According to the provisions of the Civil Code, adult children have the obligation to support, support and protect their parents. Finding a place to live for the grandmother is the most basic maintenance requirement, and if the grandmother does not have the financial ability, she also needs to pay a certain amount of alimony every month.
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1. The elderly do not need to bear the responsibility of attacking their children when they commit crimes. The principle of punishment stipulated in China's criminal law is that the responsibility for the crime is borne by oneself and not the innocent, so the elderly commit crimes, and the children are not responsible. However, if the elderly commit a crime, if their children jointly participate in the crime of righteousness, they need to be held responsible.
2. According to article 25 of the Criminal Law of the People's Republic of China, joint crime refers to two or more persons committing a joint intentional crime. Where two or more persons commit a crime of joint negligence, it is not to be treated as a joint crime; Those who shall bear criminal responsibility are to be punished separately according to the crimes they committed.
Legal basis. Article 25 of the Criminal Law of the People's Republic of China.
If the child does not fulfill the obligation to support the child, the parents may mediate through the people's mediation committee of the neighborhood committee or the village committee, or file a lawsuit with the people's court. The judge shall make the child perform the maintenance obligation in accordance with the law through mediation or judgment. If the child refuses to do so, the court may take compulsory measures in accordance with the law, such as freezing the child's account, directly transferring deposits, etc., to force the child to fulfill the obligation of support. >>>More
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