Lu is a construction workerIn order to support his wife and daughter, he toiled the construction site every day. He was full of responsibility and love for his family.
However, suddenly one day, he suddenly collapsed on the construction site. After resuscitation, he was taken to the hospital, where he was diagnosed with a stroke, which left his lower body paralyzed.
The doctor told his wife, Xu Huilian,Lu's condition is very serious and requires long-term care and ***There is little hope of recovery.
Xu Huilian heard the newsThe heart is like a knife. She couldn't believe her husband could become like this. She remembered the bits and pieces of their past, and her heart was filled with sadness and helplessness
Xu Huilian took Lu back to his home and began a difficult nursing life. She has to scrub Lu's body, change dressings, feed, turn over, massage, change diapers and so on every day.
She also has to take care of her daughter Lu Jiaying's life and study. She was unable to go out to work and had to borrow money to support her family's expenses.
Xu Huilian was originally a kind and gentle wife, but under such pressure, she gradually became restless. She lost patience and sympathy for Lu. She felt like a babysitter and wasn't paid anything.
Lu also felt Xu Huilian's indifference and disgust to him. He felt that he had become a burden and a burden to his family.
He felt ashamed and remorseful of himself. He remembered that he had been a man who could work and earn money to support his familyNow he is a useless cripple.
Two months later, Xu Huilian finally couldn't bear it anymore. She decided to give up Lu and end this torturous life. Together with her daughter Lu Jiaying, she designed a plan.
They pretended to go out for a few days to run errands and left Lu at home. They didn't leave any food or water for Lu.
That's all, Lu was abandoned at home and had no one to take care of him. His *** body is getting weaker and weaker. He called the names of his wife and daughter, but there was no response.
Eight days later, Lu finally died. His body was found by a neighbor, and the truth about this ** was revealed after calling the police. Xu Huilian and Lu Jiaying were arrested and sentenced to fixed-term imprisonment. They were punished by law for the crime of desertion.
Does the act of the wife and daughter constitute the crime of desertion?
The crime of abandonment refers to the act of refusing to support an old, young, sick or other person who is unable to live independently, and the circumstances are heinous. To constitute the crime of desertion, the following elements are required:
Actor: A person who has a legal obligation to support the abandoned person and has the ability to support himBehavior Object:Elderly, young, sick or otherwise unable to live independently. Behavior content:Refusal of support, refusal to provide assistance even if the life or body of the abandoned person is in danger, or putting the abandoned person in a dangerous situation.
Subjective aspect:Intentionally, that is, knowing that one's actions will put the life or body of the abandoned person in danger, and hoping or allowing the dangerous state to occur. Intent can be direct, indirect, or probably intentional. Intentionality does not require a specific motive or purpose, as long as there is an intention to evade or pass on the maintenance obligation.
Objective aspect:The circumstances are heinous, that is, the victim is seriously injured, killed, or has other serious consequences as a result of abandonment, or the means of abandonment are very heinous. In the present case, the wife and daughter met all of the above elements and therefore constituted the crime of desertion.
What criminal responsibility should be borne by wives and daughters?
The statutory penalty for the crime of desertion is fixed-term imprisonment of not more than five years, criminal detention or public surveillance. When sentencing, it is necessary to conduct a comprehensive consideration based on factors such as the specific circumstances of the wife and daughter, subjective malice, and the degree of harm to society, and refer to the judgment standards for similar cases in judicial practice.
In this case, the wife and daughter should bear heavier criminal liability for the following reasons:
The actions of his wife and daughter caused Lu's death, which is an extremely serious result. According to Article 3 of the Judicial Interpretation,The circumstance that "the act of abandonment causes serious bodily harm to the victim or causes other serious consequences" is an aggravating circumstance. And death is undoubtedly one of the most serious consequences. Therefore, the conduct of the wife and daughter should be punished severely.
The wife and daughter behaved very badly, and they took advantage of Lu's trust and dependence on them to deliberately abandon him at home and let him die in helplessness and despair.
They have no humanity and conscience, and completely violate the affection and responsibility between husband and wife and father and daughter. According to Article 3 of the Judicial Interpretation,The circumstance of "aggravating the means of abandonment" is aggravated. Therefore, the conduct of wives and daughters should also be punished heavily.
The wife and daughter have not voluntarily surrendered, repented, or compensated, or other circumstances that could reduce or exempt punishment. These circumstances may show that the perpetrator has the will and ability to rehabilitate himself, and have a relatively small impact on social order and the public interest.
But instead of these episodes, the wife and daughter showed indifference and cruelty. Therefore, the conduct of wives and daughters should not be mitigated or exempted from punishment.