What is the crime of organizing disabled children to beg, and what constitutes the crime of organizi

Article 262-1 of the Criminal Law stipulates that where the crime of child begging is used to organize persons with disabilities or children to engage in begging, a case shall be filed. This crime is committed by an act and does not need to cause physical harm or other serious consequences to the begging person, as long as the perpetrator has committed violence or coercion, a case shall be filed and investigated.

Objective elements. 1. It is necessary to organize minors and disabled people to beg.

2. Organizing minors and disabled people to beg is done by means of violence and coercion.

3. The object of the organization is the disabled and minors, and the number should be more than one.

Subjective element. The subjective aspect of the crime of organizing begging is direct intent, that is, knowing that you are organizing minors and disabled people to beg, and that such an act will have consequences harmful to society, and you hope that such harmful results will occur. Indirect intent and negligence do not constitute the crime of organizing begging.

Lawyer Yu Zenghua from Beijing: The object of this crime is a double object, and organizing begging not only infringes on the physical and mental health of the disabled and minors, but also brings chaos to the normal management order of society. Among them, the physical and mental health of persons with disabilities and minors is the main object of this crime.

The State has formulated a series of safeguards for persons with disabilities, although they are not perfect, but they basically guarantee the basic living needs of persons with disabilities, but being organized to beg for a living is an injury to their personal dignity, and the specific means of conduct in this crime also determine that they infringe on the rights to health and body of persons with disabilities. Similarly, for minors, the life of begging will have a very negative impact on their future life, destroying the normal growth and development of minors. In addition, although begging can be called a means of self-help for citizens themselves, premeditated and organized group begging will cause a certain amount of chaos to the normal social order.

Legal Analysis: The crime of organizing disabled persons and children to beg refers to the act of using violence or coercion to organize disabled persons or minors under the age of 14 to beg.

Legal basis: "Criminal Law of the People's Republic of China" Article 262: Whoever uses violence or coercion to organize disabled persons or minors under the age of 14 to beg is to be sentenced to up to three years imprisonment or short-term detention and a concurrent fine, and where the circumstances are serious, is to be sentenced to between three and seven years imprisonment and a concurrent fine. Therefore, organizing disabled persons or children to beg will constitute the crime of organizing disabled persons or children to beg.

Legal Analysis: The provisions of the crime of organizing disabled children to beg are mainly as follows: (1) Only persons with disabilities and minors under the age of 14 can constitute the target of this crime.

2) This crime is limited to the use of violence and coercion. (3) The punishment for this crime is limited to those who organize begging. (4) If a person who organizes a beggar to cause physical injury to a disabled person or a minor under the age of 14 by means of violence, it is an imaginary joint offense in which several crimes are committed by one act (of course, compared with the complex act of organizing the crime of begging, the act here is specifically referred to).

According to the general theory of China's criminal law theory, it should be handled in accordance with the principle of punishment for one serious crime, that is, according to the crime of committing several crimes with the heavier statutory punishment, rather than combining punishment for multiple crimes.

Legal basis: Article 239 of the Criminal Law of the People's Republic of China: Whoever kidnaps another person for the purpose of extorting property, or kidnaps another person as a hostage, is sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or have property confiscated; where the circumstances are more minor, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given. Whoever commits the crime in the preceding paragraph and kills the kidnapped person, or intentionally injures the kidnapped person, causing serious injury or death, is to be sentenced to life imprisonment or death and confiscation of property.

Stealing infants and young children for the purpose of extorting property is to be punished in accordance with the provisions of the preceding two paragraphs.

Organizing disabled persons or children to talk about the crime of begging refers to the use of violence or coercion to organize disabled persons or minors under the age of 14 to beg.

Legal basis] Article 262-1 of the Criminal Law stipulates that whoever uses violence or coercion to organize a disabled person or a minor under the age of 14 to beg shall be sentenced to up to three years of fixed-term nuclear imprisonment or short-term detention and shall also be fined; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine.