Is it a crime of abuse for a nanny to abuse a child? Ms. Zhang’s husband believes that the nanny is abusing the child. He heard that he was charged with abuse. Can he sue the nanny for abuse? Lawye

Is it a crime of abuse for a nanny to abuse a child? Ms. Zhang’s husband believes that the nanny is abusing the child. He heard that he was charged with abuse. Can he sue the nanny for abuse? Lawyer's statement: Lawyer Yao Dan from Tianjin Youfa Law Firm believes that it is not a crime of abuse because the nanny is not a family member living with * * * and there is no relationship or support relationship. According to the provisions of Article 260, Paragraph 1, of the Criminal Law on the crime of abuse, "Anyone who abuses a family member, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or surveillance." The so-called abuse refers to the behavior of the perpetrator destroying or persecuting the victim physically or mentally. Abuse can be divided into two categories: one is physical abuse, such as beating, freezing and starving, confinement, binding, incurable illness, forced overwork, etc. The second is mental torture, such as insults, curses, sarcasm, personality insults, restriction of freedom, etc. However, the crime of abuse is a crime between family members. First of all, the offender and the victim are required to be members of the same family living together and have certain kinship and support relationships, such as husband and wife, father and son, brothers and sisters, etc. Abusing non-family members does not constitute the crime of abuse. The nanny is not a family member and does not meet the requirements of the subject of the crime, and cannot support prosecution for the crime of abuse. Secondly, the crime of abuse must also examine whether the behavior meets the conditions of "egregious circumstances". The destruction and torture must be regular and consistent, the means of abuse must be intense and cruel, and the motive of the abuse must be despicable. The nanny's behavior does not meet the constituent elements of the crime of abuse, and she cannot be held criminally responsible for the crime of abuse. Extended reading: Sentencing standards for the crime of abuse, standards for identification of the crime of abuse