Case:
Zhang Sansheng sexual irascible and addicted to gambling. Often money to elderly parents in the home, not available gambling money, parents actually beatings, causing parents bodily harm, but also saddened that two old. Does the seating behavior should be held criminally liable in Ho legal?
Resolve:
(1) of the Criminal Law, who attacked and beat people, resulting in the other body hurt, roughly to the the Criminal Law XXIII assault ordinance as a basis for punishment. To know the seating bear any criminal liability, should the relevant provisions of the query assault for direction.
(2) the harm sin chapter has uneven type of assault. Seating beaten by parents into the wound, or in the provisions of Article 280 of the Criminal Code: For direct lineal relatives, guilty of two hundred and seventy seventh or two hundred and seventy eighth of the offense, the heavier punishment to one half.
(3) In addition, you should pay attention to those beaten by parents, if no actual harm, there will be 281 of the Penal Code provides: violence against a direct lineal relatives, unpaired injured, one year in prison, detention, or 500$ a fine. Therefore, a minor injury, and there will be criminal liability.
(4) In addition to the provisions for punishment of the criminal law for harm parents, for the protection of the public is not the most intimate family members hurt, 2 of Article 9 of the Domestic Violence Prevention Act: victims, prosecutors, police, municipal or county (city) authority to the courts for protection orders.
Source: Laws and Regulations Database