The old man abandoned his twin granddaughter on the street and was arrested! Is this punishment too lenient? Contradiction | Man | Granddaughter
According to media reports, a man in Nanchong recently placed his twin granddaughter, who is still a baby, on a green belt and sidewalk due to intense family conflicts. In the live video, the man threw his daughter-in-law's clothes taken out of his home onto the road, turned around, and left.
The police reported that the man has been administratively detained for threatening the personal safety of others through other means. Many netizens believe that the consequences of administrative detention are too light for the behavior of the elderly.
Is the punishment for the man too light? Why cannot the crime of abandonment, which is hotly discussed among netizens, be established? The lawyer provided a professional interpretation.
Why is the crime of abandonment not established?
Zhang Ming, a partner and lawyer at Beijing Jingshi Law Firm, told China News Service that the penalty decision for administrative detention is based on Article 42 of the Public Security Administration Punishment Law of the People's Republic of China. "Those who engage in any of the following behaviors shall be detained for no more than five days or fined no more than 500 yuan: those with serious circumstances shall be detained for no less than five days but no more than ten days. They may also be fined no more than 500 yuan:"
Writing threatening letters or using other methods to threaten the personal safety of others; Openly insulting others or fabricating facts to defame others; Falsely accusing and framing others, attempting to subject them to criminal investigation or public security management punishment; Threatening, insulting, assaulting, or retaliating against witnesses and their close relatives; Repeatedly sending obscene, insulting, threatening or other information that interferes with the normal life of others; "Peeping, filming, eavesdropping, and spreading others' privacy."
Zhang Ming stated that the object of administrative punishment is not criminal behavior, and it targets behaviors that are clearly illegal but have not escalated to a criminal level. The behavior of the man involved belongs to this category.
Why can't the crime of abandonment be established? Zhang Ming introduced that firstly, the crime of abandonment falls within the scope of criminal law provisions. Secondly, Article 261 of the Criminal Law of China stipulates that for elderly, young, sick, or other individuals who have no independent living ability and have an obligation to provide support but refuse to do so, if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, or public surveillance. It is obvious that the grandfather involved in the incident is not a person with a custody obligation, so the crime of abandonment does not apply here.
Similarly, the crimes of intentional homicide and intentional injury also fall within the scope of criminal law provisions. Zhang Ming stated that the subjective state of intention can also be divided into two types: direct intention and indirect intention: direct intention is to pursue the occurrence of such results knowing that one's actions will cause certain consequences; Indirect intention is the act of knowingly allowing one's actions to cause certain harmful consequences and allowing such consequences to occur.
The establishment of the above charges requires subjective "direct intention" or indirect intention, and the occurrence of "injury results", such as serious injury or death. Therefore, the above charges are not applicable to the man involved.
The crime and punishment are legal! Can't rely on imagination
Conviction is the most stringent legal responsibility among all, and judicial authorities should base their conviction and punishment on facts. At the same time, clear division of legal responsibilities is also an important way to prevent the escalation of crime.
Zhang Ming stated that conviction should strictly follow the principle of "legality of crime and punishment", and cannot rely on imagination or personal emotions. Even if an individual's words and actions are inappropriate in family disputes, it is not advisable to pursue criminal responsibility at will.
But this does not mean that there is no need to bear legal responsibility for causing personal or personal harm to family members, depending on the circumstances. "Family disputes" can never be a reason for exemption from any legal responsibility. We should believe in the punishment decision of the public security organs, not believe in rumors, not spread rumors.
Law is the lowest moral requirement for humans
Even if exempted from punishment, this grandfather still needs to reflect on his violent behavior. He should be grateful that his excessive behavior was saved in a timely manner, without causing more serious consequences to the child's physical and mental health, and without irreparable trauma to the family. Otherwise, it would not be just administrative detention.
This incident also tells us that impulse is the devil. The Criminal Law is the last line of defense of Chinese law. Our words and actions may only be separated by a narrow line from criminal law, and we lack basic moral constraints on our own words and actions, which may lead to major disasters and lead to the path of crime.
Luo Xiang, a professor at China University of Political Science and Law and a well-known "speaker", once said that law is the bottom line of morality, and morality is the high standard of law. Law is actually the lowest moral requirement for people. Our demand for ourselves cannot simply be "not breaking the law".
