How to convict a wife and child for domestic violence?Violating a wife and child involves a variety of possible convicts:
- ** Crime of abuse **: If one frequently tortures his wife and children physically or mentally by beating, scolding, confinement, binding, freezing, starving, not giving treatment to sick people, or forcing them to do excessive physical labor, it will constitute the crime of abuse. Generally speaking, the term of imprisonment is not more than two years of fixed-term imprisonment, criminal detention or public surveillance; if the victim is seriously injured or killed, the offender shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years. However, this crime would only be dealt with if the victim was unable to tell, or was forced or threatened to tell.
- ** Crime of intentional injury **: If domestic violence causes physical injury to your wife and children, you will be convicted and sentenced according to the severity of the injury. If it causes serious injury, serious disability or death, the maximum penalty is death.
- ** Violent interference with the freedom of marriage **: If domestic violence involves violent interference with the freedom of marriage of a wife and child, the offender shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; if the victim dies, the offender shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years.
- ** Intentional homicide **: Anyone who committed intentional homicide during domestic violence shall be sentenced to death, life imprisonment, or imprisonment for more than ten years; if the circumstances are relatively minor, they shall be sentenced to imprisonment for more than three years but less than ten years.
- ** Offense of insult **: If there is an act of insulting your wife and children during domestic violence, you shall be sentenced to imprisonment for up to three years, control, or deprive of political rights.
- ** Refusing to execute the ruling **: If there is a court ruling (such as a personal safety protection order), the domestic violence offender repeatedly ignores the ruling, fights his wife and children, and threatens them, etc., he can be sentenced to the crime of refusing to execute the ruling. For example, in one case, the defendant was sentenced to eight months in prison for repeatedly violating the personal safety protection order.
In addition, if the perpetrator committed domestic violence or mistreated his family members to a lesser extent, and the victim made a corresponding complaint request, the local public security organ should take administrative measures to punish the perpetrator according to the provisions of the Public Security Administration Punishment Law. If the circumstances were more serious and constituted a crime, the perpetrator would bear the corresponding criminal responsibility according to law.
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How to convict a wife who abused her husband?There was no specific crime of "domestic violence" in the law. The crimes involved in domestic violence included violent interference with the freedom of marriage, abuse, intentional injury, intentional homicide, insult, and so on.
- If the crime of violent interference with the freedom of marriage of another person is constituted, the offender shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; if the victim dies, the offender shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years.
- Those who commit the crime of abuse shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance; if they cause serious injury or death to the victim, they shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years.
- Those who commit the crime of insult shall be sentenced to imprisonment for up to three years, control or denial of political rights.
- If it constituted a crime of intentional injury, if it caused serious injury, serious disability or death, it could be sentenced to death according to the criminal law.
- Those who commit intentional homicide shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than ten years; if the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
In addition, if domestic violence caused minor injuries to his wife, the perpetrator could be detained for 5 - 15 days and fined; if the beating was minor, he could be sentenced to imprisonment for up to three years; if the beating was serious or life-threatening, he could face life imprisonment or even death. If they violated the personal safety protection order, they could also be sentenced to eight months in prison for refusing to execute the ruling.
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