Not exactly. The crime of abandonment requires consequences, such as the death of children. Regardless of the child's behavior, you can bring a lawsuit to the court to demand the payment of maintenance. The crime of abandonment refers to the behavior of refusing to support the old, 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. Therefore, as long as there is abandonment, causing serious consequences, it constitutes a crime, and there is no clear time range, but this crime belongs to the scope of private prosecution. According to the law, the crime of abandonment should meet the following two conditions: first, the abandoned person is old, young, sick or other people who have no ability to live independently; Second, the abandoned person has the obligation to support the abandoned person according to law, but refuses to support it, and the circumstances are bad.

What are the characteristics of abandonment crime?

1, the object of infringement is the equal rights of the victim in the family.

2. Objectively speaking, it is the behavior that the actor 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 this crime is the person who has the legal obligation to support the abandoned person.

4, the subjective aspect is intentional, that is, knowing that they should fulfill their 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.

Legal basis:

criminal law

Article 26 1

Whoever refuses to support the elderly, the young, the sick or other people who cannot live independently, if the circumstances are flagrant, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.