What are the legal consequences of not supporting the elderly? What are the penalties?

It is the responsibility and obligation to support the elderly, but for those who refuse to support them, the circumstances are heinous, and constitute a crime, they should be investigated for legal responsibility in accordance with the law

It is generally found to be a crime of abandonment, and needs to be punished in accordance with the sentencing provisions for the crime of abandonment, and there is a possibility of imprisonment

Legal basis

China's newly revised Law on the Protection of the Rights and Interests of the Elderly was officially implemented: for the first time, the ninth day of the ninth lunar month was clearly designated as the Elderly Day. In addition, the new law provides:

Family members must not ignore or neglect the elderly; Those who live separately from the elderly shall visit or greet them frequently. "'Always go home to see' is officially written into the law, and if children do not go home often to see the elderly, it should be illegal. "Not to mention the situation where children do not support their parents.

It is a legal obligation of a child to support his or her parentsIf the obligation is not fulfilled, the civil liability for the payment of alimony shall be assumed; No matter what the circumstances, children have to fulfill their obligation to support their parents! Refusal to support an elderly person may have serious consequences, which may constitute the crime of desertion and may lead to imprisonment

According to the regulations, adult children are obliged to support their parents, and if they refuse to support their parents, or if disputes arise due to forced alimony, they can be mediated by the relevant departments or handled by the people's courts in accordance with litigation procedures. Where there is a refusal to support them, and the circumstances are heinous, and a crime is constituted, legal responsibility shall be pursued in accordance with law.

Legal Analysis: A child's obligation to support his or her parents occurs not only between a legitimate child and his or her parents, but also between an illegitimate child and his or her biological parents, between an adopted child and his or her adoptive parents, and between a stepchild and a stepparent who has fulfilled the obligation of support and education.

In order to protect the legitimate rights and interests of dependents, the law stipulates that when a child fails to fulfill his or her maintenance obligations, parents who are unable to work or who have difficulties in living have the right to demand maintenance from their children. Those who refuse to perform may be resolved through litigation, and where the circumstances are heinous and constitute a crime, their criminal responsibility is to be pursued in accordance with law.

For parents who are elderly and have no or no ability to work, or are unable to take care of themselves, and are therefore unable to live independently, they have the obligation to support them as children, and they have the ability to support them but do not support them, causing the parents to commit suicide due to abandonment; A person who is displaced and lost because he has no means of livelihood constitutes a crime, and he must be investigated for criminal responsibility for the crime of abandonment in accordance with the provisions of the law.

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 do so, and the circumstances are heinous, he shall be sentenced to up to five years imprisonment, short-term detention or controlled release.

Article 1074 of the Civil Code of the People's Republic of China Article 1074 Grandparents who can afford it have the obligation to support their minor grandchildren whose parents have died or whose parents are unable to support them. Grandchildren who can afford it have the obligation to support their grandparents who have died or whose children are unable to support them.

Summary. Hello dear, glad your question <>

<> The legal consequence of not supporting the elderly is to be sentenced to fixed-term imprisonment of not more than 2 years, short-term detention or controlled releaseThe legal basis is: Article 1067 of the Civil Code of the People's Republic of China If parents fail to perform their obligation to support them, minor children or adult children who cannot live independently have the right to demand that their parents pay child support. Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.

The legal basis for the legal consequences of not supporting the elderly.

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<> The legal consequences of not supporting the elderly are sentenced to fixed-term imprisonment of not more than 2 years, short-term detention or controlled releaseThe legal basis is: Article 1067 of the Civil Code of the People's Republic of China If the parents fail to perform the obligation to support them, the minor children or adult children who cannot live independently have the right to demand that the parents pay child support. Parents who do not fulfill their maintenance obligations, lack the ability to work or have difficulties in living have the right to demand alimony from their adult children.

Legal basis

Article 1125 of the Civil Code of the People's Republic of China <> the People's Republic of China shall lose the right of inheritance if the heir commits any of the following acts: (1) intentionally killing the decedent; (2) killing other heirs for the purpose of competing for an inheritance; (3) Abandoning the decedent, or abusing the decedent's argument and initiating serious circumstances; (4) Forging, altering, concealing, or destroying a will, where the circumstances are serious; (5) Using fraud or coercion to compel or obstruct the decedent from establishing, modifying, or withdrawing a will, and the circumstances are serious. Where the heirs have the conduct in items (3) through (5) of the preceding paragraph, and truly show repentance, and the decedent expresses forgiveness or later lists them as heirs in the will, the heirs do not lose their inheritance rights.

Where the legatee has the conduct provided for in the first paragraph of this article, he or she loses the right to receive the bequest.

If you do not support the elderly, you will be sued by the elderly, and the court will make a judgment to fulfill the maintenance obligation.

If it causes serious consequences, it may constitute the crime of abandonment and will be sentenced by the court.

The legal consequences of not supporting the elderly are twofold. On the one hand, in civil terms, the elderly can sue for the fulfillment of maintenance obligations. On the other hand, criminal, it may constitute the crime of desertion.

The elderly may sue in accordance with the law to require their children to bear the obligation of support, and if they do not fulfill the obligation to pay the judgment, they can apply to the court for compulsory enforcement.

Violations of laws and regulations.

Something that violates social morality.

Something that will be spurned by the people around you.

If the circumstances are serious enough to constitute the crime of abandonment, there are legal consequences of being sentenced to a criminal penalty, and they will be sentenced to fixed-term imprisonment of not more than five years, short-term detention or controlled release. If the child fails to perform the obligation to support, the parents may initiate criminal proceedings on their own or report to the public security organs to initiate a public prosecution, and if the court finds that the crime of abandonment is constituted after trial, it will impose a criminal penalty on the child who does not bear the obligation to support in accordance with law.

Legal basisArticle 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, 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.