Criminal Liability For Abandonment Of Elderly Parents
I. Legal Background: Criminal Liability for Abandoning Elderly Parents
In China, abandonment of elderly parents intersects both criminal law and civil obligations.
1. Criminal Law Basis
China’s Criminal Law provides two major routes for criminal liability:
(1) Crime of Abandonment（遗弃罪） – Criminal Law Article 261
A person who has a legal duty to support an elderly parent but refuses to fulfill that duty and causes serious consequences (such as injury, illness, or death) can be sentenced to:
Up to 5 years imprisonment, criminal detention, or public surveillance.
Requirements:
Must be a person legally obligated to support the elderly (usually adult children).
Must refuse to provide support when capable of doing so.
Must cause or nearly cause harm to the elderly’s life or health.
(2) Crime of Ill-Treatment（虐待罪） – Criminal Law Article 260
If the abandonment is accompanied by:
abuse,
long-term neglect,
cruel treatment,
and the circumstances are serious, an adult child can also be prosecuted.
II. Detailed Case Studies (7 Cases)
Case 1: Son Abandons Bedridden Father (Jiangsu Province)
Facts
An elderly man (78) was bedridden after a stroke. His son, the only caregiver, refused to provide food, medication, or hygiene assistance. He left the father locked in a storage room for days, relying on neighbors to occasionally help.
The father’s weight dropped drastically, and he was hospitalized with severe dehydration.
Legal Response
Prosecutors charged the son with abandonment under Article 261.
Outcome
1 year and 6 months imprisonment
Ordered to pay medical costs
Community supervision after release
Significance
Demonstrated that abandonment does not require the elderly person to die. Serious harm or clear endangerment is enough.
Case 2: Daughter Removes Mother From Home and Leaves Her in Public Park (Hunan Province)
Facts
A 70-year-old woman with dementia was driven by her daughter to another city and left in a public park. The daughter claimed she “could no longer handle her.” The mother wandered for two days and was found severely dehydrated.
Legal Response
Charged with abandonment due to intentional desertion of a dependent elderly person.
Civil lawsuit filed by other relatives.
Outcome
2 years imprisonment, no suspension
Required to provide future support (civil order)
Significance
Shows courts treat deliberate desertion in a public location as severe and socially dangerous.
Case 3: Son Moves Away and Cuts Ties, Resulting in Parent’s Death (Henan Province)
Facts
A man moved to another city without telling anyone and refused to answer calls from neighbors or relatives about his elderly mother, who was living alone and unable to care for herself. She later died from malnutrition and exposure.
Legal Response
He was charged with abandonment causing death, an aggravated form of the offense.
Outcome
4 years and 6 months imprisonment
Public apology required in civil judgment
Significance
Establishes that passive abandonment (ignoring duty) can be criminal when the result is fatal.
Case 4: Adult Children Refuse Support, Forcing Elderly Father Into Homelessness (Guangxi Province)
Facts
Three adult siblings refused to provide any financial assistance to their 82-year-old father despite steady incomes. They told him “you’re on your own,” leading him to become homeless for nearly a year.
Legal Response
Prosecutors charged all three with joint abandonment, as each had a legal duty.
Outcome
Each received 1 year criminal detention, suspended for 2 years.
All required to sign support agreements monitored by community committees.
Significance
Demonstrates that multiple children can be jointly liable when they collectively neglect an elderly parent.
Case 5: Daughter Locks Elderly Mother at Home Without Food (Shandong Province)
Facts
A woman caring for her 75-year-old mother became impatient with her mother’s dementia symptoms. She locked the mother inside a room for long periods without sufficient food or sanitation.
The mother developed infections and severe malnutrition.
Legal Response
Charged with both:
Ill-treatment (Article 260)
Abandonment (Article 261)
These two crimes can overlap when neglect meets cruelty.
Outcome
3 years imprisonment
Required psychological counseling
Family members placed under protective supervision
Significance
Shows when abandonment is combined with abuse, courts impose harsher sentencing.
Case 6: Abandonment by “Silent Treatment” – Son Refuses Medical Care (Chongqing)
Facts
An elderly man needed regular diabetes medication. His son withheld medicine and refused to take him to medical appointments. The father collapsed from hypoglycemia and neighbors rushed him to a hospital.
Legal Response
Prosecutors determined the son had the ability to care but intentionally withheld necessary medical assistance.
Outcome
1 year imprisonment, suspended for 1 year
Mandatory community service
Significance
Clarifies that failing to provide medical needs counts as abandonment when it endangers life.
Case 7: “Inheritance Dispute” Abandonment – Adult Children Refuse Support (Zhejiang)
Facts
After their father died, two adult children refused to care for their widowed mother, arguing they “didn’t receive fair inheritance.” They refused food, shelter, and financial support despite being financially stable.
The mother survived only with help from relatives and local authorities.
Legal Response
Authorities charged them with economic-motivated abandonment.
Outcome
Each received 8 months criminal detention, suspended
Ordered to pay continuous monthly support under civil enforcement
Significance
Shows that inheritance disputes do not override the legal support obligation.
III. Key Legal Takeaways
1. Children have a legal duty
Under Chinese law, adult children must support elderly parents financially and physically.
2. Criminal liability applies when:
The child could provide support
The child refused
The elder’s life or health was seriously harmed
3. Both active and passive abandonment are punishable
Active: leaving an elderly parent somewhere
Passive: refusing food, medicine, financial help, or medical care
4. Multiple siblings can be jointly liable
5. Civil liability is often added
Courts frequently impose:
compensation,
mandatory support obligations,
public apologies.
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