Whether the abandonment of children constitutes a crime depends on the actual situation, and it cannot be regarded as the crime of abandonment across the board.
1. Refusing to raise a young or sick child, if the circumstances are bad, the person who has the obligation to support constitutes the crime of abandonment. However, if these children are threatened to starve just for educational purposes, it cannot be considered as refusing to support them, nor is it a bad situation, and generally it should not be considered as a crime.
2. If children are abandoned in busy neighborhoods or in front of maternal and child health centers for the purpose of not supporting them, it can generally be considered as abandonment. In life, it is not uncommon for children to be abandoned in these places because of heavy burdens or illness.
3. If a child is abandoned in an uninhabited place, or in a suburb where ordinary people can't help and detect, and the child dies or is seriously injured because no one finds it, it should not constitute the crime of abandonment, but the crime of intentional homicide or intentional injury.
To sum up, we can know that abandoning children does not necessarily constitute a crime. The key is to see under what conditions the actor made the abandonment behavior, and to comprehensively consider the plot and environment in order to accurately evaluate the criminal law.
Second, how to sentence abandoned children?
According to Article 26 1 of China's Criminal Law, whoever commits the crime of abandonment shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance. Therefore, for the crime of abandonment, the behavior and circumstances of the actor will play a great role in sentencing.
Relevant laws:
Article 47 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly, whoever violently interferes with the freedom of marriage of the elderly or refuses to support or support the elderly, if the circumstances are serious enough to constitute a crime, shall be investigated for criminal responsibility according to law.
Paragraph 4 of Article 52 of the Law on the Protection of Minors has the obligation to support minors and refuses to support them. If the circumstances are serious, criminal responsibility shall be investigated in accordance with the provisions of Article 183 of the Criminal Law.
Article 52, paragraph 4, of the Law of the People's Republic of China on the Protection of Disabled Persons refuses to support disabled persons without independent living ability, and if the circumstances are bad, or abandons disabled persons without independent living ability, criminal responsibility shall be investigated in accordance with the provisions of Article 261 of the Criminal Law.