Is it a crime that the elderly suddenly became seriously ill (cerebral infarction) and their children prevented treatment, resulting in the death of the elderly?

Children have the legal obligation to support their parents. If the child fails to fulfill this obligation, it is illegal, and if it is serious, it can constitute a crime, which is the crime of abandonment. It is suggested to find a neighborhood committee or a police station for mediation, or bring a lawsuit to the court.

Legal analysis

The crime of abandonment refers to the person who has the obligation to support, refuses to support the old, young, sick or other people who have no ability to live independently, and the circumstances are bad. Its main characteristics are: (1) the object of infringement is the equal rights of the victim in the family. (2) Objectively speaking, it is the behavior of the actor who refuses to support family members who have no source of livelihood or independent living ability because of old age, youth, illness or other reasons. Support includes support from elders to younger generations, support from younger generations to elders and support between husband and wife. (3) The subject of the crime is the person who has the legal obligation to support the abandoned person. (4) the subjective aspect is intentional, that is, knowing that you should fulfill your maintenance obligations. There are many motives for refusing to support, but different criminal motives do not affect conviction and can be considered as circumstances when sentencing. Subjectively, this crime is intentional. That is, refusing to support knowing that they should fulfill their maintenance obligations. There are various motives for refusing to support, such as some abandoning the elderly as a burden; Some refuse to raise children under the pretext of divorce; Some abandon their children to create conditions for remarriage; Some abandon their wives or husbands in order to force each other to divorce. In short, deserters are motivated by individualism, extreme selfishness or other despicable motives. The subject of this crime is a special subject, and it must be a person who has the legal obligation to support the abandoned person and has the ability to support him. Only people with such conditions can become the subject of this crime. If there is no legal obligation to support each other, there will be no abandonment problem.

legal ground

Article 261 of the Criminal Law of People's Republic of China (PRC) shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.