The crime of abandonment can be prosecuted and investigated, and anyone in society can call the police as long as they find it. After receiving the report, the public security organ will investigate. Or I can file a private lawsuit with the court. Abandonment is very common in reality, for example, both parties in divorce don't want to raise children, or children don't want to support their parents. However, in judicial practice, we must look at the plot and specific circumstances. For example, children with rich life are unwilling to support the elderly, and children without life are unable to support their parents. The circumstances are completely different.
Criteria for filing the crime of abandonment
Refusing to support the elderly, young, sick or other people who have no ability to live independently, and the circumstances are bad. Abandonment must reach a bad level to constitute a crime. In other words, whether the plot is bad or not is an important boundary to distinguish abandonment crime from non-crime.
According to the experience of judicial practice, the plot of abandonment crime is bad: the victim is seriously injured or killed because of abandonment crime; Victims have no life, are displaced, and are forced to beg in the streets because they are abandoned; Because of abandonment, the victim was cornered and forced to commit suicide; The perpetrator refused to correct after repeated education, putting the victim's life in danger; Abandonment means are very bad (such as beating, cursing and insulting in abandonment) and so on.
How to calculate the prosecution period of abandonment crime
In determining the time limit for prosecution of abandonment crime, we should not only understand the situation when the abandonment crime occurred, but also understand the current situation of both parties, determine the end date of abandonment crime through analysis, and finally decide whether to prosecute.
When determining the prosecution period of abandonment crime, we should carefully analyze the changes of abandoned people and abandoned people, and finally determine whether the abandonment behavior of abandoned people has passed the prosecution period. Those who are still in the prosecution period shall be investigated for criminal responsibility of the abandoned person.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 261 of the Criminal Law of People's Republic of China (PRC) stipulates that those who refuse to support people who are old, young, sick or unable to live independently shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.