Is it a crime for a husband to abandon his mentally ill wife in domestic violence?

The husband cannot be abandoned when his wife is mentally ill, because the two people are legal husband and wife and should have the obligation to assist. My wife's illness should be taken care of and helped to recover. You can't be violent against your wife because she is sick, it's even more wrong, if someone calls the police, the husband may be arrested.

Depending on the specific situation, domestic violence is definitely an illegal act, and abandonment needs to look at the specific circumstances, you can call the police and hold the perpetrators accountable for domestic violence, thank you.

Domestic violence itself is an illegal act, and husbands and wives should respect and love each other, and should not use violence to harm each other. If one of the spouses is sick, it is also against the law, and the husband and wife should take care of each other, and when one of them is sick or cannot take care of himself, he cannot abandon him. In the case of domestic violence and abandonment, it may be punishable if it touches the law.

In accordance with the relevant provisions of the law, once a woman encounters domestic violence or abuse, she may report it to the neighborhood committee, work unit, and the public security organ in the jurisdiction, and the relevant department should come forward to dissuade and mediate.

The abandonment of a mentally ill wife by a husband is a crime and constitutes the crime of abandonment if the circumstances are aggravated.

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. A mentally ill wife belongs to the category of sick people.

Summary. Legal basisAccording to the relevant provisions of the Criminal Law of the People's Republic of China, domestic violence falls within the scope of "illegal detention, beating, and abuse of family members" as stipulated in the Criminal Law, and is a criminal offense. At the same time, the Criminal Law also stipulates the crime of "abandonment", that is, the act of "abandoning a person who is unable to take care of himself", which is also a criminal act.

If the husband's domestic violence and abandonment of his seriously ill wife are serious, it may constitute multiple criminal acts, which need to be judged and dealt with according to the actual situation.

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It is illegal for a husband to commit domestic violence and abandon his seriously ill wife. In China, it is illegal for a family tour to allow a friend to be violent, while abandonment of a sick person violates the Shenhuai provisions of the Criminal Law of the People's Republic of China and constitutes a crime. If a person suffers domestic violence or abandonment, he or she may report the case to the public security organs and seek legal protection and assistance.

Legal basisAccording to the relevant provisions of the Criminal Law of the People's Republic of China, the closure of the domestic violence department falls within the scope of "illegally detaining, beating, and abusing members of the family god Fu Mengting" as stipulated in the Criminal Law, and is a criminal offense. At the same time, the Criminal Law also stipulates the crime of "abandonment", that is, the act of "abandoning a person who is unable to take care of himself", which is also a criminal act. If the husband's domestic violence and abandonment of his seriously ill wife are serious, it may constitute multiple criminal acts, which need to be judged and dealt with according to the actual situation.

Violate the law. Divorce from a mentally ill wife, which does not fall under the category of desertion. Divorce and desertion are two different legal relationships.

Handling divorce: First, divorce by agreement, that is, both parties go to the civil affairs department to register the divorce and obtain the divorce certificate in accordance with the law; The second is to file a lawsuit with the people's court, and the court will mediate or make a judgment to determine whether the marriage relationship is dissolved.

The husband is mentally ill and can be divorced. Mentally ill persons do not have full capacity for civil conduct and cannot agree to divorce, and women who want to divorce can only sue the court. According to the current legal provisions, if one of the spouses suffers from mental illness, the court can determine that there are three cases in which the relationship has broken down and can be mediated:

1. Concealing mental illness before marriage and being unable to do so after marriage;

2. Knowing that the other party is suffering from mental illness and getting married before marriage;

3. One party suffers from mental illness in the common life of the husband and wife and is unable to ** for a long time. In this case, the relationship is considered to have indeed broken down. If one party insists on a divorce and the mediation fails, a judgment may be made to grant the divorce in accordance with the law.

Refusal to support a person who has the obligation to support or has the ability to support a person who is young, old, sick, or otherwise incapable of independent living is domestic violence of a serious and harmful nature.

Further information: It is illegal for a husband to abandon his sick wife, and if the abandonment is serious and has a significant impact on the abandoned party, it may also constitute the crime of desertion. Where the victim makes a request for the abandonment of a family member, the people's court shall make a judgment in accordance with law to pay alimony, child support, or alimony.

[Legal basis].

Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

According to Article 43 of the "Public Security Administration Punishment Law": "Whoever assaults another person, or intentionally injures the body of another person, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB

1) Gang up to beat or injure others; (2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time. Article 234 of the Criminal Law: "Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release."

According to the above provisions, it is domestic violence for your father to beat your mother. If, after calling the police, your mother is assessed to be slightly injured, your father should be held administratively liable (fine or administrative detention); Your mother was found to be slightly injured, and your father is suspected of intentional injury and may be investigated for criminal responsibility in accordance with the law (sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance). In addition, if your father is mentally ill, he is assessed to be a person with limited capacity and shall bear criminal responsibility, but the punishment may be mitigated or commuted; If your father injures your mother when he is unable to recognize or control his actions, he shall not be held criminally liable if he is confirmed by legal procedures.

Recommendation: Where the public security organs are requested to mediate and a mediation agreement is reached, punishment may be waived or commuted.