Chapter 221 Refusal to support, why don't you send your four sons to jail?

What happened to Feng Cuihua...

Strictly speaking, it belongs to her family.

"Zhang, Brother Zhang, Xiao Qin... Is there really a way?"

Feng Cuihua looked at Zhang Qingyuan tangled up, with suspicion on her wrinkled face.

in a nursing home.

Although the entertainment of the old man and the old lady is together, men and women are different after all.

The old people like Qin Mu and Zhang Qingyuan have the best relationship.

The old lady in the yard...

It is another staff member who takes care of it.

and so.

Although he is relatively well-known in nursing homes, many old ladies only know him.

"It might work."

After Zhang Qingyuan heard this, he was not as decisive as before.

There was also some hesitation in the reply.

It seems that this thing...

Qin Mu may not be able to solve it either.

"What's going on?"

Qin Mu frowned and looked at the two of them again.

"It's like this, isn't it time to pay the pension? My four sons...all refuse to pay me this year's pension."

Feng Cuihua swallowed her saliva, and told the troubles she encountered.

The nursing home they are in is private.

It is mainly to support the elderly and help the elderly to live up to their old age.

But you need to pay the corresponding pension every year.

About 5 yuan a year.

Not too expensive, not too cheap.

"In fact, I have been in the nursing home for four years, and the pension expenses for these four years... are all my savings when I was young, and I paid out of my own pocket."

Feng Cuihua's face was full of sadness, and she continued: "My four sons are unwilling to support me, and they never give me a penny."

"This year, my savings are almost exhausted, and the money is not enough for next year's pension."

Speaking of it.

She suddenly became breathless and sighed.

In the eye sockets, a layer of water mist was born.

As he spoke, he couldn't help crying.

"I'm 78 this year, and I haven't had a good life for a few years."

"I didn't intend to disturb the normal life of my children, but they... all think I'm a burden..."

"Last Chinese New Year, I was not in the nursing home, thinking about going to my eldest son, but they let me sleep on the floor on New Year's Eve."

"It's the same with the second son. I loved him the most when he was a child. I always cling to him for anything delicious, but he doesn't call me a single call all year round."

"There is also the third child. Last time I was sick and hospitalized, I called him immediately, but he said that he was traveling with his grandson..."

"Fourth..."

While crying, she told the situation of her four sons.

All four sons are admitted to college.

The family environment is quite good.

but……

After she retired and had no source of income, the four sons, for some reason, despised her as a burden.

Every time I go to her son's house, I always get ridiculed.

Almost never waited to see her.

She usually has a minor illness and disaster, and none of the four sons appeared in front of her eyes.

Without any choice.

She chose to enter the nursing home at her own expense.

After hearing that she had entered the nursing home, the four sons came to make a fuss.

of course.

They all came here for her savings for most of her life, and they all complained about her spending money indiscriminately.

after all……

The annual cost of a nursing home is not low.

One year is 30, and if you live for a few more years, it will be [-] to [-].

But she had already seen clearly the faces of her sons, and she did not give them her savings.

"Now my savings are almost exhausted, and I can't afford the pension. If I call them, they are unwilling to help me pay the pension..."

Feng Cuihua wiped her tears, looked up at Qin Mu.

Cautiously asked: "Brother Zhang said you have a way, you...can you help me convince my sons?"

in her eyes.

With some hope.

After hearing this, Qin Mu couldn't help sighing.

this matter……

It is not complicated to say that it is not complicated, and it is not simple to say that it is simple.

In general.

It is Feng Cuihua's four sons who are unwilling to help her pay for the pension.

And he was unwilling to take Feng Cuihua home to take care of her.

Probably just ignore it.

"Xiao Qin, please help Cuihua, you don't know, those sons of hers are usually not willing to spend a penny for her, and I have four dogs that are more obedient than them."

next to.

Zhang Qingyuan clenched his teeth, his face full of anger.

He and Feng Cuihua met when they were playing mahjong in the courtyard.

Both wives left early.

Been single for almost ten years.

This time they finally got it right, and Feng Cuihua also had a crush on him, and he didn't want this relationship to end without a problem.

If Feng Cuihua "dropped out of the hospital" because she couldn't pay the pension...

Then he will regret it for the rest of his life.

"But this is an internal matter for your family."

Qin Mu looked at Feng Cuihua, and couldn't help but said, "Besides, what I'm good at is mainly the law. I'm not very good at mediating family conflicts."

As the saying goes, it is difficult for an upright official to break up housework.

Anything, once it's a family matter, will become very complicated.

Take this matter as an example.

If he offered to help, it would be a little too much, and the object was still Feng Cuihua's son, and it would be unavoidable that he would not please both sides.

and.

The two sides are mother and son.

It is not a life and death enemy.

"Didn't you say that this kind of thing can be litigated?"

But Zhang Qingyuan couldn't help asking: "I told Cuihua that she has completely given up on her four sons. Even if there is a lawsuit, they will have to pay alimony!"

Feng Cuihua on the side nodded solemnly, as if she had already made this important decision.

Disappointment again and again...

Let her have no hope.

In addition, since she met Zhang Qingyuan, Zhang Qingyuan has always instilled in her the idea that people should live for themselves.

She also realized more and more that she had really lived in vain before.

Wholeheartedly for the children.

But in the end...

None of the children recognized her, and none of them raised her.

Her savings might as well be used and spent by herself.

even……

Zhang Qingyuan had already started to fool her, saying that the two of them were secretly saving some money to get a new certificate.

"A lawsuit?"

Qin Mu couldn't help being astonished when he heard this.

He didn't expect that Feng Cuihua actually planned to sue her four sons.

"That's right! Sue! Why do you keep this kind of person if you don't sue?"

Zhang Qingyuan watched the excitement and didn't think it was a big deal, and said with a cold snort, "It's been four years, and they haven't given Cuihua a penny, shouldn't this be illegal?"

"I've already made an agreement with Cuihua that they have to pay alimony, plus the money from my son. When we get married, we will hold a wedding in the courtyard, and Xiao Qin will be the officiant..."

He was talking.

Start to imagine the bright future between the two.

The sour smell of love permeated in front of Qin Mu.

Feng Cuihua also stared at Zhang Qingyuan affectionately, her face was full of sweetness and happiness.

Watch this scene.

Several black lines appeared on Qin Mu's forehead.

Zhang Qingyuan is 78 this year, Feng Cuihua is 75.

The combined age of the two...

Both are over 150 years old.

Actually wiped out the spark of love.

He also called names and asked him to be the officiant.

"Are you...really planning to sue?"

Subsequently.

He took a deep breath and looked deeply at Feng Cuihua.

Feng Cuihua nodded: "Before I met Brother Zhang, I only thought that my children and family were everything to me, but now I realize that we elderly people can also have our own lives."

As she spoke, she looked at Zhang Qingyuan.

I admire him very much: "Brother Zhang is my role model. When I heard that he was fine, he would go to court to fight lawsuits. Even the judges would treat him differently and ask him how the case was handled from time to time."

"Although we are old, we can live our own lives."

The voice just fell.

Qin Mu couldn't help but widen his eyes, looking at Zhang Qingyuan in front of him.

This cowhide...

It must have been a little big.

There are two people in front of me, one dares to brag, the other dares to believe.

And Zhang Qingyuan blushed when he watched him like this.

Quite embarrassed.

Hastily coughed dryly: "Ahem, Xiao Qin, you should quickly think of a way to help Cuihua."

Qin Mu rolled his eyes.

But I still thought about it seriously and said, "Actually, it's not that difficult to get alimony."

According to the Law on the Protection of Rights and Interests of the Elderly.

Article No.14 stipulates that the supporter shall fulfill the obligations of financial support, daily care and spiritual comfort for the elderly, and take care of the special needs of the elderly.

Supporters refer to the children of the elderly and other persons who are legally obliged to support them.

The spouse of the supporter shall assist the supporter in fulfilling the obligation of support.

of course.

In normal times, it is often seen that many young people are unwilling to undertake the obligation of support.

But that doesn't mean it's not illegal.

Feng Cuihua's four sons failed to fulfill their support obligations during her old age, did not take care of her, took care of her, and did not pay maintenance, all of which are conclusive evidence.

Just go to court...

Alimony is definitely available.

In nursing homes, there are ready-made lawyers.

Coupled with his guidance, Wang Dachui can definitely help win this lawsuit.

"However... After all, it is a family. I still suggest that you inform your sons before going to court."

Paused.

Qin Mu gave a serious reminder.

In lawsuits between parents and children, the court generally gives priority to mediation.

Such cases are also relatively rare.

Few parents take their children to court.

After hearing this, Feng Cuihua also nodded.

Picked up the phone.

First, he called his eldest son.

"Dududu-"

after a few seconds.

The phone was connected, and the voice of a middle-aged man in his fifties came from the other side.

A little impatient.

"What's the matter? Why are you calling again? Didn't you live well in the nursing home? Don't you need us?"

in speech.

No respect at all.

Feng Cuihua seems to be used to this.

Instead, he directly explained the purpose of coming: "Boss, I...I want you to help pay the alimony. I have already consulted a very powerful person. If you don't pay, then I will have to sue you!"

however……

She hasn't finished speaking yet.

On the other end of the phone, he sneered and said: "Mom, what we agreed back then, you spend your own money to go to the nursing home, and we don't ask you for money, and you don't ask us for money. Why, there is no money now?"

"Don't scare me, it's not that I won't pay alimony, but why should I give it?"

"When you were young, you loved the second and third children the most, so go ask them for it."

"If they are willing to pay, I will definitely pay some money. Since they don't pay a penny, why should I pay?"

Done.

The eldest son hung up the phone directly.

It seems that there is nothing more to say.

As for Feng Cuihua's warning...

He didn't take it to heart at all.

"Dududu-"

Listen to the busy tone coming from the phone.

Feng Cuihua's face was a little ugly, and she trembled slightly with anger.

But still adjusted the mood.

Take a deep breath.

Called the second child's phone.

"Hello? Second child, it's mom. I want to ask you about alimony..."

As a result, the words were not finished.

Then he was interrupted: "Want money?"

"How many times have I told you? You go and ask the boss and the third and fourth children first. If they are willing to give it, of course I will have no problem."

"The money cannot be paid by my family."

"Besides, didn't you live well in the nursing home?"

in tone.

Also can't hear too much family affection.

Regarding the issue of maintenance...

They all verbally said that they were willing to support, but they asked everyone to support them together on the grounds of fairness.

but……

But no one is willing to set an example.

Inside and outside the words, they all despise her very much.

Think she's a nuisance.

"Dududu-"

Hearing the busy tone from the phone again, Feng Cuihua's face turned ugly again.

Zhang Qingyuan next to him watched the whole scene.

Already so angry that he blew his beard and stared at him, and was so excited: "It's unreasonable! It's unreasonable!"

"Are these two bastards still human?"

"The crows know how to feed back. They are all fathers and mothers. They have all three views??"

"A 36-degree mouth can actually say such cold words!"

He didn't have much contact with Feng Cuihua's sons.

But just from the phone, you can see the quality of these sons.

The word filial piety has nothing to do with them.

Don't say anything else.

When Feng Cuihua called them, there was no joy or respect in their tone, but disgust and complaint.

The issue of alimony is also a variety of prevarications, like kicking a football.

"Oh, I'm used to it."

Feng Cuihua gave a wry smile, and called the third child again.

This time.

The third child listened to everything she said.

After listening.

There was silence for more than ten seconds.

Cai Youyou said: "Mom, do you have no money to pay pensions? I remember that your deposit is only about [-] yuan. At that time, you refused to buy a house for us. Now you have no money and come to us?"

"What does the eldest brother say? He is the boss, so he should pay more, right? There are also the second brother and the fourth brother. As long as they give, I will give it."

"Is there anything else to sue? You are also quite old. Don't scare me with lawsuits."

"Okay, I have something else to do, that's all."

Said less than 1 minute.

He hung up the phone.

There was absolutely no intention of continuing to chat with her.

As for the so-called lawsuit and Qin Mu...

He didn't pay attention to it either.

"I'll make another one for the fourth..."

Feng Cuihua smiled wryly, but still did not give up.

Qin Mu has already promised.

You can win a lawsuit.

But when things come to an end, a lawsuit is really going to happen...

She still couldn't bear it, and hoped that her sons could change their minds.

As long as one confesses, she will not sue the other party.

but……

The eldest, the second, and the third are still the same as before.

Full of disgust for her.

I've always thought she was a nuisance.

"Dududu-"

The fourth call was quickly connected.

on the other end of the phone.

An impatient voice came out: "Why did you call me again? I said, I have no money. I just bought a house and have to pay off the mortgage. If you want money, go find the other three."

"Okay, that's it, don't talk."

The fourth son hung up the phone directly.

Feng Cuihua didn't even have a chance to reply.

yard.

Feng Cuihua, Zhang Qingyuan, and Qin Mu looked at each other.

These four calls...

It took less than 10 minutes to play the whole process.

The attitude of each son is disgust, impatient, and unwilling to pay.

As for the "threat" Feng Cuihua mentioned...

None of them thought about it.

I just think Feng Cuihua made it up to scare them.

"Xiao Qin, look at this..."

After Zhang Qingyuan got angry, he also calmed down.

He looked at Qin Mu.

Qin Mu turned expressionlessly and turned to look at Feng Cuihua.

He said, "Actually... besides suing them, there is another way."

Feng Cuihua's eyes lit up, and she couldn't help asking, "What can I do?"

"I think just suing will not scare them. The best way is to send them to jail for a while."

Qin Mu opened his mouth lightly, and continued.

The four phone calls made by Feng Cuihua just now...

All old phones are used, and the external sound is very loud.

He heard it perfectly.

Because of this, it will be even more angry.

Feng Cuihua's four sons all talked about him and shirked their support obligations.

There are even...

He actually coveted Feng Cuihua's savings.

Such people……

Even if he has been a human being in two lives, he can't stand it anymore.

"Jail?"

But Feng Cuihua was startled when she heard this.

Zhang Qingyuan showed joy: "Can you really go to jail? That's a good thing."

The two reacted differently.

Feng Cuihua was a little apprehensive, and was taken aback by Qin Mu's shocking words.

And Zhang Qingyuan is looking forward to it.

He even asked: "Does this kind of non-support behavior also constitute a crime?"

He has seen many court trials.

Know that only if you commit a crime, you will go to jail.

Generally, there are no serious penalties for illegal activities.

For example, running a red light violates the traffic law, and at most it is demerit points and a fine.

without support...

In his eyes, at most it is illegal.

"Of course it's a crime."

Qin Mu snorted coldly, and said solemnly: "The four of them refused to support and take care of the elderly. Their behavior is extremely bad, and they have already committed the crime of abandonment."

The voice just fell.

Zhang Qingyuan was full of doubts, and couldn't help asking: "Abandonment crime? Isn't abandonment refers to abandoning a baby?"

in his cognition.

The crime of abandonment refers to the behavior of those parents who abandon their newborn babies and throw them on the side of the road.

This constitutes the crime of abandonment.

As for not supporting the elderly...

It seems that it has nothing to do with the crime of abandonment.

"of course not."

Qin Mu shook his head and explained: "The crime of abandonment refers to the behavior of refusing to support those who are old, young, sick or otherwise unable to live independently. The circumstances are bad."

The trigger object of the crime of abandonment...

There are mainly three types of people, namely the elderly, the young, and the sick.

Restricted objects are also limited to family members.

Once a family member who has the obligation to support them refuses to support him, he may be charged with this crime.

on the constituent elements.

Three conditions need to be met.

First, the perpetrator must have the obligation to support or support.

If there is no support or maintenance obligation, it does not constitute this crime.

That is to say, the younger brother has no obligation to support the older brother.

However, children are obliged to support their elderly parents.

Second, the perpetrator is able to afford but refuses to support. Being able to afford means that he has independent financial ability and is able to meet the minimum living standard (the local standard at that time) for himself, his children, and the elderly.

And from Feng Cuihua's description.

Her four sons have a good family environment.

The boss already has two houses in Jincheng.

The fourth child also bought a house in Jincheng.

They can fully undertake the obligation of maintenance without causing their own financial difficulties.

The third point is that the perpetrator's behavior needs to be extremely bad to constitute the crime of abandonment.

General refusal to support...

does not constitute abandonment.

but……

What happened to Feng Cuihua, the four sons all despised her as a burden.

It has been four years, and there has been no support or help for her in life and finances.

now.

She had no money to pay the pension, and she also tried to shirk and refuse to support her.

Of the four sons, none of them is fulfilling their duty of support.

Just gather some more evidence...

Seriousness is possible.

And in sentencing.

Article 260 of the "Criminal Law" stipulates that for those who are old, young, sick or otherwise unable to live independently, who have the obligation to support but refuse to support them, and the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.

The maximum sentence for this is five years in prison.

"Five years?"

Feng Cuihua suddenly became entangled after hearing this.

Prosecuted four sons.

She can still make up her mind.

But sending all four sons in...

She really couldn't be so cruel.

No matter how they treat themselves, it is all the flesh that fell from her body and was raised with hard work.

"Only five years?"

But Zhang Qingyuan raised his eyebrows and stared, his vision was quite high.

He is used to the fixed-term imprisonment of more than ten years and 20 years, but he no longer looks down on the five-year sentence.

I just feel like this sentence...

Judgment is the same as no judgment.

"This crime is originally a public prosecution case, but generally speaking, it will be transformed into a private prosecution case."

Qin Mu looked at the hesitant Feng Cuihua, and then explained: "As for private prosecution cases, as long as the judgment is announced, the prosecution can be withdrawn."

"My suggestion is... you can try to teach the four of them a lesson, and at least seek justice for yourself."

He probably understood Feng Cuihua's character.

relatively soft.

Can't get tough.

It was also because of this that her sons became like this.

The crime of abandonment is stipulated as a public prosecution in the criminal law.

Prosecutions are usually carried out by the Public Prosecution Authority.

But many times...

The public prosecution agency will not participate in this type of lawsuit. In reality, they collect evidence and file lawsuits by themselves.

According to the criminal procedure law.

In all private prosecution cases, the lawsuit can be dismissed before the judgment is announced.

"In addition, even if a sentence is imposed, such crimes will not be sentenced to actual punishment, but to a suspended sentence."

Looking at Feng Cuihua who was still hesitant, Qin Mu said patiently: "You don't need to go to jail for a suspended sentence, but it will be very uncomfortable."

Followed by.

He talked about some of the probation and the reform regulations.

For the perpetrator...

Sometimes probation is actually more painful.

Because people around him will know why he was suspended, and he has to report to the community every week.

(End of this chapter)

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