What are the elements of the crime of abandonment? What are the constituent elements of the crime of

The crime of abandonment is objectively manifested as refusal to support family members who should be supported by the elderly, young, sick, or other family members who are unable to live independently, and the circumstances are heinous.

1. The perpetrator must have an obligation to support. This is a prerequisite for the commission of this crime. The obligation of a citizen to which family members a citizen has to support is clearly defined by the laws of our country.

The obligation to support arises on the basis of the different rights and obligations between three types of family members: support and dependency, maintenance and dependency, and support and maintenance.

2. The perpetrator is able to afford it but refuses to support it, and being able to afford it refers to having independent financial ability and having a surplus situation other than being able to meet the minimum living standards (local standards at the time) for himself, his children, and the elderly. The so-called support, as mentioned above, should be understood in a broad sense, including the support of the elders for the younger generations, the support of the younger generations for the elders, and the support between the husband and wife.

3. The act of abandonment must reach the level of heinous circumstances before it constitutes 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 aggravating 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.

Legal Analysis: The Constitutive Elements of the Crime of Abandonment of Several Swift Crimes:

1. The object is the equal rights of the victim among family members.

2. Objectively, it is manifested as 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.

3. The subject is a special subject who has a legal obligation to support the abandoned person and has the ability to support him.

Fourth, the subjective aspect is manifested as intentionality.

According to article 261 of the Criminal Law, 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, shall be sentenced to fixed-term imprisonment of five years, short-term detention or controlled release.

Legal basis: Article 261 of the Criminal Law.

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 constituent elements of the crime of abandonment are: 1. The subject is a natural person with the age of criminal responsibility and the obligation to support him; 2. The object is the victim's equal rights among family members; 3. The subjective aspect is intentional; 4. Objectively, it is that the perpetrator has carried out heinous acts such as abandonment of the elderly, young, sick, or other persons who do not have the ability to live independently.

[Legal basis].

Article 26 and Article 11 of the Criminal Law of the People's Republic of China shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention or the rule of Guan Qingqi if a person who is old, young, sick or otherwise incapable of independent living has the obligation to support and refuses to support him, and the circumstances are heinous.

What are the constituent elements of the crime of desertion?

1. The subject is the person who has the legal obligation to support the abandoned person;

2. Manifested intentionally in the subjective aspect;

3. Object hardship refers to the equal rights of the victim among family members;

4. Objectively manifested as an old, young, sick, or other family member who does not have the ability to live independently, and should be supported but refused to do so, and the circumstances are heinous.

[Legal basis].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.

1. What are the constituent elements of the crime of abandonment?

1. The constitutive elements of the crime of abandonment mainly include:

2) Objectively showing that they should be supported but refusing to do so, and the circumstances are heinous;

3) The subject must be a person who has a legal obligation to support the abandoned person and has the ability to support him;

4) The subjective aspect is manifested as intentionality, that is, refusing to support oneself knowing that oneself should fulfill one's maintenance obligations.

2. Legal basis: Article 261 of the Criminal Law of the People's Republic of China [Crime of Abandonment] Whoever refuses to support a person who is old, young, sick, or otherwise incapable of independent living, and the circumstances are heinous, is to be sentenced to up to five years imprisonment, short-term detention, or controlled release.

2. What evidence is required for the crime of desertion.

1. Proof that the abandoner has not fulfilled his obligations to the guardian and is unable to perform the obligation of support;

2. The time during which the abandoner has not fulfilled his obligation to support him;

3. The consequences of not raising them. The crime of abandonment is generally a private prosecution case, and the parties may collect evidence on their own and file a lawsuit with the court.

The main direction of collecting evidence for the crime of abandonment in a private prosecution is that the deserter has the obligation and ability to support him, but he has not done so, and attention should be paid to indicating the time for not fulfilling the support, and at the same time explaining the consequences caused by the failure to fulfill the obligation to support.