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我国《刑法修正案九》在原有第260条虐待罪之规定后增设了第260条之一虐待被监护、看护人罪,在一定程度上完善了刑法对于虐待行为的规制,满足了社会对于加强打击虐待行为的呼声。早在我国刑法修正案九新增虐待被监护、看护人罪之前,国外的一些刑法典就已经规定了相关罪名,笔者通过查阅国外相关刑法法条,对德国、葡萄牙、意大利三国刑法中相关规定进行了梳理。
Article 9 of the “Amendment 9 to the Criminal Law” of our country was amended by Article 260 after the existing provision of Article 260 of the crime of ill treatment. The abuse of the guarded and guarded person, to a certain extent, perfected the criminal law’s regulation of abusive behavior and met the needs of the society for strengthening Calls to combat abuse. As early as in our country nine amendments to the Criminal Law nine new abuse of custody, care for the guilty before some foreign criminal penalties have been provided for the relevant charges, the author through access to relevant foreign criminal law, the German, Portuguese and Italian criminal law relevant provisions Have been combed.