Zhongyuan district lawyer
Ryan lawyer
Deqing county lawyer
Jiedong county lawyer
Puyang county lawyer
Gushi county lawyer
As we all know, in the unstable period of medical system reform, it often happens that family members deliberately abandon hospital patients, and they are generally old, weak, sick and disabled. This is extremely immoral. So, if the patient is deliberately abandoned, what will happen if the family members commit abandonment? This small series brings the following discussion.
The crime of abandonment refers to the behavior of refusing to support the old, young, sick or other people who have no ability to live independently, and the circumstances are bad. Article 26 1 of China's criminal law stipulates: "Whoever refuses to support the elderly, young, sick or other people who have no independent living ability shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance. Only when the abandonment reaches the standard of bad circumstances will the criminal responsibility of the actor be investigated according to law. However, if it constitutes a crime of abandonment, it still depends on whether it meets the conditions stipulated by law.
The object of the crime of abandonment is the equal rights of the victim among family members. The object is limited to the old, young, sick or other family members who have no independent living ability. China's marriage law clearly stipulates: "Abuse and abandonment between family members are prohibited." It also stipulates the maintenance obligations that family members should perform. Being able to afford but refusing to fulfill the obligation of support infringes on the equal rights of the old, young, sick or unable to live independently in the family. Abandonment often poses a threat to the life and health of victims, is despised by public opinion, and also affects social stability and unity. Therefore, combating the crime of abandonment will help to create a good social environment where few people support and the elderly rely on it, and help to protect the legitimate rights and interests of women, especially children and the elderly.
In addition, the crime of abandonment and intentional homicide should be distinguished in reality. Abandoning an unconscious baby or an elderly person with mobility difficulties in uninhabited wilderness or deep mountains infested with wild animals is a deliberate deprivation of life, which constitutes a crime of intentional homicide and does not constitute a crime of abandonment.
Abandoned or stranded patients have brought great influence to normal medical work. Hospitals are often in a dilemma when solving such problems. Although the hospital will actively treat patients, it also urgently needs the support of patients' families. Family members left patients in the hospital irresponsibly and ignored them, which constituted the crime of abandonment. It is reported that in recent years, patients have been abandoned in hospitals from time to time. In this regard, the legal profession said that according to the law, relatives who have the obligation to support refuse to treat relatives who have lost their ability to live independently. If the circumstances are bad, it shall be punished as abandonment.
To sum up, what are the consequences of family members abandoning patients? The answer to this question is very clear, which will not only bring legal disputes to themselves, but also bring trouble to society. Family members deliberately abandon patients, which will add a great burden to the hospital's treatment work, so the family members of patients who should bear the obligation of support should bear legal responsibility. In addition, deliberately abandoning patients will also bring great psychological and spiritual harm to patients and affect the treatment of diseases. For more questions about the crime of abandonment, welcome to the consulting network.
Extended reading:
How to sentence the crime of abandonment?
What is the crime of abandonment? Is abandonment punishable?
What are the conditions for filing the crime of abandonment?