Is it a crime to abandon an illegitimate child ?

Mondo Social Updated on 2024-02-01

Zhang San is a female college student, young and beautiful, in her prime, with many suitors. Among the many suitors, Li Si is particularly outstanding, Yinghua is chic and talented. The two fell in love at first sight and became a couple. From sophomore year to junior year, the two of them have been better for more than two years, and they have already tasted the forbidden fruit or something. Suddenly, one day, Zhang San felt nauseous and wanted to vomit, and he couldn't eat. So accompanied by Li Si, I went to the hospital for an examination, and the doctor told me that there was nothing wrong with you, you were just pregnant. Zhang San was not surprised at all, but was frightened, because she was still a student, she didn't have much life, she came from a rural family, her living conditions were not good, and she didn't dare to tell her parents. Zhang San wanted to discuss an idea with Li Si, but the tragedy was that since he learned that Zhang San was pregnant, Li Si had lost contact. ** didn't answer, WeChat didn't reply, and finally blocked Zhang San directly. Zhang San understood that he had met a scumbag. Zhang San had no choice, he wanted to go to the hospital to beat the child, but he was reluctant, thinking that it was his own child after all, and he couldn't bear to do it. In such a contradictory state of mind, the child was born after all, a boy. Raising a child is not a simple task, and all the hardships and hardships cannot be explained one by one. Especially for a female college student who has no experience in the world, it seems that there is nothing more difficult than raising a child alone. In short, when the child was 6 months old, Zhang San collapsed and was determined to get rid of the child. So on a dark and cold winter night, Zhang San took advantage of the fact that there was no one around, and put the child in front of a family, hoping that the family would find the child and adopt him. This is destined to be a tragedy, what Zhang San doesn't know is that this family is not at home, they have gone out to travel, and they will not come back until more than 10 days later. However, after more than 10 days, three days later, the child was cold and hungry, and left this world of suffering. After the family returned from a trip, they found the child's body and immediately called the police. Through surveillance, the police discovered Zhang San's abandonment of the child. In the end, Zhang San was investigated for criminal responsibility for the crime of abandonment, and there was no remorse. It can be seen that the abandonment of an "illegitimate child" may be suspected of the crime of abandonment and be investigated for criminal responsibility.

Legal basis: Article 261 of the Criminal Law of the People's Republic of China

Where an old, young, sick, or other person who lacks the ability to live independently, who has an obligation to support but refuses to do so, and the circumstances are heinous, is to be sentenced to up to five years imprisonment, short-term detention, or controlled release.

Note: According to relevant judicial interpretations and judicial practice, the criteria for determining heinous circumstances in the crime of abandonment are:

1.Serious injury or death of the victim as a result of abandonment; The victim has no place to live, is displaced, and is forced to beg on the street because of abandonment;

2.The victim is cornered and forced to commit suicide due to abandonment;

3.The perpetrator refuses to make corrections after repeated education, putting the victim's life in a dangerous situation;

4.The means of abandonment are very bad.

Note: The story in this article is purely fictional, and any similarities are purely coincidental.

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