How to calculate the evidence of bigamy is a very complicated phenomenon. Many times, when couples are separated, the man will live with a new lover. Whether it is a de facto marriage or a legal marriage, as long as there is valid evidence, it can prove the marriage relationship between the spouse and others. So what is the evidence of bigamy?
How to calculate evidence of bigamy 1 1? What kind of evidence can be considered bigamy?
In view of the crime of bigamy, the usual practice in practice is that if the victim has enough evidence to prove the crime of bigamy, the court will directly file a case as a private prosecution. If the evidence is insufficient, the victim requests the public security organ for reconnaissance, and then the procuratorate initiates a public prosecution.
This shows how important it is to collect evidence! !
In practice, collecting evidence is divided into two situations:
A legal marriage with a marriage certificate.
Direct evidence such as marriage registration or forged marriage certificate, birth certificate of having children with others.
2. Living together in the name of husband and wife without a marriage certificate.
(1) Proof of nearby people that the other party and others live in the name of husband and wife;
(2) guarantee, confession, etc. Parties involved in extramarital affairs;
(3) Photos and videos that both parties visit together;
(4) Intimate information sent by both parties;
(5) Obtain the certificate from the neighborhood committee and village committee, and the neighborhood committee will issue the certificate that the other party lives with others in the name of husband and wife.
It should be noted that it usually takes some time to live together in the name of husband and wife, which is generally considered to be three months.
Second, the skills of obtaining evidence in bigamy
1. Places where you can live and live unannounced.
It is believed that the most important point of bigamy is to live with others, so the place of cohabitation is very important. Only by finding a place to live together can there be further marriage investigation and evidence collection.
2. Start preparing from the actor's neighbors.
To determine whether a bigamist is really bigamist depends on whether he lives with others in the name of husband and wife, and these situations need to be proved by a third party with no interest, such as people who have frequent contact with the actor's place of life.
3. Inquire about the marital status of extramarital partners from the marriage registry.
If there is a registered marriage, you can ask the staff of the civil affairs department to cooperate and obtain evidence of bigamy.
Step 4 call the police
According to the relevant provisions of the judicial interpretation of the Criminal Procedure Law, bigamy cases can be prosecuted by the victim or by the people's procuratorate.
At present, the practice of the court is generally that if the private prosecutor has evidence to prove the fact of bigamy, the court will file a case directly according to the private prosecution. If the evidence of the private prosecutor is insufficient, the court shall not establish a private prosecution case. The victim asked the public security organ for reconnaissance, and then the procuratorate filed a public prosecution.
5. Entrust a lawyer to assist in obtaining evidence
If the crime of bigamy is recognized, the evidence provided must prove that it really meets the constitutive requirements of bigamy, otherwise it will not be recognized as bigamy. Then when the husband and wife divorce because of this, the innocent party cannot claim divorce damages. At the same time, because it does not violate the criminal law, it cannot be punished as bigamy, nor can it be investigated for criminal responsibility.
How to calculate the evidence of bigamy II. How to collect evidence of bigamy
After determining what evidence is needed for bigamy, you can selectively collect the evidence of bigamy of the other party.
1. Make an unannounced visit to his place of residence.
It is believed that the most important thing in bigamy is to live with others, so the place of cohabitation is very important. Only by finding a place to live together can there be further marriage investigation and evidence collection.
2. Have a good relationship with people around where bigamy lives.
To determine whether a bigamist is really bigamous depends on whether he lives with others in the name of husband and wife, and these need to be recognized by someone. Who is the best? People who are close to where they live and have frequent contact with them, of course! So these people's words (admission) are absolutely indispensable and important evidence. And if you want them to talk, you must get on well with them, otherwise it will be difficult for you to get anything valuable out of them.
3. Call the police and ask the police to investigate.
4. Go to the marriage registry to check the marital status of extramarital partners. If there is registration, you can ask the staff of the civil affairs department to cooperate and obtain evidence of bigamy.
Second, how to identify the crime of bigamy
In life, bigamy mainly has the following types:
(a) registered marriage with the spouse, registered marriage with others and bigamy, that is, bigamy of two legal marriages. People with spouses register marriage with others, bigamists cheat the marriage registry to get a marriage certificate, and bigamists collude with the registry staff to get a marriage certificate.
(two) registered marriage with the original spouse, but not registered with others to live together as husband and wife, which belongs to the type of de facto marriage after legal marriage.
(3) Those who have not registered marriage with their spouses and others, but have cohabited with them successively or at the same time, are bigamy of two de facto marriages. This bigamy should have happened before the promulgation of the new civil code, that is, before April 28th, 200 1 year, and the concept of de facto marriage has been completely abolished.
(4) It is a legal marriage type after de facto marriage that you are unregistered with your original spouse and really live in a husband-wife relationship, and then marry someone else and get remarried.
(five) no spouse, but knowing that the other party has a spouse and remarried with a registered marriage or cohabitation to become husband and wife.
The crime of bigamy means that the suspect has two kinds of marriage relationships at the same time. Whether it is a de facto marriage or a legal marriage, the proof must prove the marriage relationship between the spouse and others with valid evidence.
What is bigamy? Evidence 3: Is bigamy innocent after the prosecution period?
be
According to the principle of a legally prescribed punishment for a crime and the principle of presumption of innocence, a person who has not been tried by a court is not considered a crime, that is, innocent.
The prosecution period of criminal proceedings has expired. Under normal circumstances, the public prosecution agency will not pursue it and the court will not try it. Of course it's innocent.
Bigamy is a very complicated phenomenon, and it is often difficult to distinguish crime from non-crime when dealing with bigamy cases. The boundary between bigamy crime and non-crime should be distinguished from the following aspects.
1, it is necessary to distinguish the crime of bigamy from the crime of bigamy in which a woman with a spouse is trafficked. The crime of abducting and selling women is quite serious.
Some women are married, but they are forced to marry others after being trafficked by criminals. In this case, although the abducted women have committed bigamy objectively, they have no intention of bigamy subjectively. Bigamy with others is against one's will and the result of being cheated or coerced by others.
2. Distinguish between bigamy and temporary cohabitation. Cohabitation means that men and women live together temporarily in the name of husband and wife without marriage, which does not constitute bigamy.
3. Distinguish the boundary between crime and non-crime from whether the circumstances are serious. In practice, the plot and harm of bigamy are different.
According to the provisions of Article 13, "if the circumstances are obviously minor and the harm is not great, it is not considered a crime." So bigamy does not necessarily constitute bigamy. Only serious and harmful bigamy constitutes a crime.