The crime of maltreatment refers to the physical and mental destruction and torture of family members who live with * * * by beating and cursing, confinement, binding, freezing and starvation, untreated diseases and forced excessive physical labor. And the plot is bad. One of the crimes of destroying marriage and family in our criminal law. The main features are:
(1) The object of infringement is the legal rights and interests enjoyed by family members and the personal rights of victims.
(2) Objectively speaking, the perpetrator often mutilates and tortures the victim's body and mind by physical means such as beating, freezing hunger, not giving medical treatment when he is sick, forcing him to engage in manual labor, and mental torture means such as insulting and restricting his freedom of movement, so that the victim suffers physical and mental pain.
(3) The subject of the crime is a family member who lives together, that is, the perpetrator and the victim have a certain kinship or maintenance relationship and are members of the same family.
(4) The subjective aspect is intentional.
If minors, the elderly, the sick, the disabled, etc. If a person who is responsible for guardianship or nursing maltreats the ward or caretaker, if the circumstances are flagrant, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits abuse and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.
The victim was seriously injured and died. It means that the victim's long-term abuse gradually causes serious physical injury or death, or the victim commits suicide because of unbearable long-term abuse, resulting in death or serious injury. The perpetrator intentionally abused others and caused serious injury or death. There is a causal relationship between his maltreatment and the consequences of serious injury and death in criminal law.
According to the provisions of this article, cases of serious injury or death caused by ill-treatment do not fall within the scope of "handling after notification". Therefore, even if the defendant files a complaint, the procuratorial organ should also prosecute such cases.
Extended data:
Article 260th of the Criminal Law of People's Republic of China (PRC):
Abuse of family members, if the circumstances are bad, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injury or death shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years.
The crime in the first paragraph shall be dealt with only if it is told, except that the victim can't tell it, or because of coercion or intimidation.
According to the legislative provisions and practical experience, we can distinguish the boundaries between abuse crime and non-crime from the following aspects:
1, distinguish the boundary between crime and non-crime from whether the circumstances are bad or not. Whether the circumstances are bad or not is the main sign to distinguish crime from non-crime. According to this article, the abuse of family members only constitutes a crime if the circumstances are bad. Abuse in general and minor cases, such as beating, cursing once or twice, occasionally not giving food, confinement, etc. , should not be punished for the crime of abuse.
Whether the circumstances of abuse are bad or not should be determined according to the following aspects:
(1) abuse duration. The length of abuse determines the physical and mental harm to the victim to a considerable extent. If the abuse lasts for a long time, such as months or years, it will often cause serious physical and mental harm to the victim. On the contrary, abusing family members for a short time out of anger because of family chores generally does not cause any serious consequences.
(2) the number of abuses. Although the abuse time is not long, but the frequency of behavior is frequent, it is easy to make the victim suffer unbearable pain physically and mentally, and it is easy to cause serious consequences. For example, some husbands beat their wives more than 10 times in a month after their wives gave birth to baby girls. Some children refuse to feed the bedridden elderly again and again, more than 20 times a month, and so on.
(3) means of abuse. In practice, some abusive methods are very cruel. For example, in winter, the husband takes off his wife and pushes her out to keep warm. The husband burns his wife's genitals and breasts with a soldering iron and cigarette butts;
Children brutally beat elderly parents, etc. The use of these cruel means can easily cause the victim's disability and death, and should be punished according to the bad circumstances. As for the abuse such as slapping and twisting ears, it can't be considered as cruel means, and generally it can't be considered as bad circumstances.
(4) Whether the consequences of abuse are serious. Abuse will generally cause different degrees of mental and physical pain and injury to the victims, and some will have serious consequences.
For example, the victim suffers from schizophrenia, gynecological diseases or other diseases due to the abuse of the perpetrator; Abuse leads to paralysis and physical disability of the victim; Ill-treating the victim to death; The victim committed suicide because of unbearable abuse and other reasons. Anyone who has the above serious consequences should be punished as a bad plot.
Of course, judging whether the plot is "bad" can be based on the comprehensive analysis of the above aspects or on one of them.
2. Distinguish the boundary between crime and non-crime from the object of crime. Abuse is a crime between family members. There is a certain kinship and support relationship between the offender and the victim, such as husband and wife, father and son, brothers and sisters, etc. Abuse of non-family members does not constitute a crime of abuse (but abuse directly causes serious consequences and serious social harm to the victim, and if it constitutes other crimes, it can be punished as other crimes).