Is it illegal for parents to beat their children out of bruises?

Updated on healthy 2024-06-20
1 answers
  1. Anonymous users2024-02-12

    It is an offence for a parent to beat a child to the point that his arm is blue and may result in criminal detention. This behavior of the parents is suspected of intentionally harming another person and will constitute the crime of intentional injury.

    Legal analysis: Parents beating their children so that their arms are blue constitutes the crime of intentional injury. The crime of intentional injury refers to the act of intentionally and unlawfully harming the physical health of another person. One of the crimes of infringing on citizens' personal rights and democratic rights in China's criminal law.

    The main characteristics are: (1) the object of the crime.

    It is the physical health of others. Intentionally harming one's own physical health', which generally does not constitute a crime. However, if the act of self-harm harms the interests of society and violates other provisions of the Criminal Law, it constitutes a crime.

    2) The objective aspect of the crime is that the perpetrator has carried out an act that illegally harms the physical health of others. Harming the physical health of others mainly refers to damaging the integrity of human tissues or destroying the normal function of human organs. There are many ways to injure someone, but no matter what means are used, bodily harm to another person is an act of harm.

    The difference in the means of committing the crime is only one of the circumstances of sentencing, and is not an element of the crime. The result of the injury may be minor or serious, or it may result in death. The object of the infringement is the right to physical health of others, and the so-called right to body refers to the personality right of a natural person to maintain the integrity of his limbs, organs and other tissues.

    It should be noted that it is the right to the body of another person to be violated, so intentionally harming one's own body is generally not considered a crime. A crime is committed only if the act of self-harm is committed in violation of the relevant criminal law norms with the aim of harming the interests of society. The legal basis is the Criminal Law of the People's Republic of China.

    Article 234:Whoever intentionally injures the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.

    Or the death penalty. Where this Law provides otherwise, follow those provisions. Article 234-1 Whoever organizes others to sell human organs is sentenced to up to five years imprisonment and a concurrent fine; where the circumstances are serious, a sentence of five or more years imprisonment and a concurrent fine or confiscation of property is to be given.

    Whoever removes his or her organs without his consent, or from a person under the age of 18, or forces or deceives others into donating organs, is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law. Organs from corpses are harvested against the person's wishes, or the person does not give their consent before death, in violation of state regulations, or against their close relatives.

    Where they are willing to have their organs harvested from corpses, they are to be convicted and punished in accordance with the provisions of article 302 of this Law.

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