Explain infidelity in legal language: during the marriage, one of the husband and wife has sexual relations with the opposite sex outside marriage. Generally speaking, it is what we often call extramarital affairs.
Is cheating illegal? Let's talk about this topic in detail:
At present, China's current laws and regulations have no clear provisions on the punishment of extramarital affairs. In other words, if you only occasionally have extramarital sex with the opposite sex, it is a moral issue and you will not bear civil liability.
If the other party is found to be cheating and wants to get a divorce, the cheating party is the wrong party, and should be given less points when dividing the property. The injured party in the derailment can claim compensation for divorce damages from the wrong party according to law.
Speaking of this, some people may think, since it's just compensation, it's just a moral issue, so I'll boldly cheat, but it's not. Whether cheating is a crime depends on the specific situation. The following two penalties are for cheating:
The crime of destruction of military marriage
Article 259 of the Criminal Law shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if he knowingly cohabites or marries with the spouse of an active serviceman.
The "cohabitation" mentioned here does not require cohabitation in the name of husband and wife. As long as you live with the spouse of an active serviceman continuously and stably, you will be investigated for criminal responsibility.
commit bigamy
Article 258. Whoever commits bigamy while having a spouse and marries someone knowing that they have a spouse shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
"Marrying knowing that others have a spouse" refers to deliberately marrying (including registered marriage or de facto marriage) while knowing that others have a spouse, although there is no spouse.
However, it is also said that occasional illicit sexual relations with the opposite sex can only be morally condemned, but not constitute criminal responsibility.
Speaking of which, I am very emotional. To tell the truth, many friends around me have cheated. Although I hate it, I can't convince them. Sometimes I just say a few words, but people don't listen.
The worst time was when my friend was with the wife of a soldier. I have known about it for more than a year. Just tell him that this situation is illegal. He said that we are lovers and no one else knows, so there will be no problem.
Therefore, there is no windtight wall. It was probably discovered when two people were together for almost two years, and they haven't contacted each other since. But if he is prosecuted in this case, he will definitely bear legal responsibility.
Below, I will pull out another case to make it easier for everyone to understand:
Related case analysis
On September 20 19 19, the court sentenced the defendant Wang Moxue to one year and two months' imprisonment for the crime of destroying military marriage.
Wang Moxue is the former captain of the National Security Brigade of Taihu County Public Security Bureau. On August 20 12, Wang Moxue met Zhang while helping a friend to deal with disputes, and developed into a lover relationship. In the process of communication, Wang Moxue found that Zhang Moumou's husband was an active soldier serving in other places, but he often ate and lived in a rented house in Zhang Moumou, and later gave birth to a son. 2065438+March 2009, Wang Moxue voluntarily surrendered himself and truthfully confessed the main criminal facts.
Defendant Wang Moxue knew that Zhang Moumou's spouse was still living with him, which constituted the crime of breaking the military marriage, and was finally sentenced to one year and two months in prison.
Let's get back to the point. If you find out that the other party is cheating, how can you obtain evidence?
Collect repentance books written by one party when the extramarital affair is exposed, such as "guarantee letter" and "apology letter". Under special circumstances, there may be police transcripts, which can be used as evidence when suing for divorce. After the unit verifies the extramarital affairs of employees, it sometimes deals with their life style problems, and there will be some processing materials. Letters, text messages, WeChat chat messages, etc. In the exchange between the two parties, except for written evidence, such evidence should be notarized first and then submitted to the court. You can also catch him in bed. Although the collection of such evidence can be obtained by taking photos, videos, etc., it should be noted that the right to privacy cannot be violated and illegally obtained evidence is not accepted.