1. Can I drop the charges after prosecution for bigamy?
Bigamy refers to the act of marrying someone who has a spouse or knowing that someone else has a spouse.
According to Article 170 of the Criminal Procedure Law and related judicial interpretations, the victim of bigamy can directly file a criminal private prosecution with the people's court. If the victim reports a case to the public security organ, the public security organ shall file a case for investigation according to law, and the people's procuratorate shall initiate a public prosecution according to law.
Based on the particularity of the prosecution subject of bigamy, the specific situation is analyzed;
(a) the prosecution of bigamy is a public prosecution case, and the party who is the victim of marriage is not qualified to withdraw the lawsuit; (2) The marriage victim's accusation of bigamy is a case of private prosecution, and the victim can withdraw the accusation before the judgment is pronounced.
1. Article 172 of the Criminal Procedure Law stipulates that "the private prosecutor may make a settlement with the defendant or withdraw his private prosecution before the judgment is pronounced". According to this provision, in the course of trial, if the private prosecutor is sympathetic to the defendant or forgives the other party, the charges against the defendant can be withdrawn, so that the defendant can be exempted from punishment.
2. Article 263 of the Interpretation of the Supreme Court on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC) stipulates: "In a case of private prosecution of second instance, mediation may be conducted when necessary, and the parties may also make their own reconciliation. If the case is settled through mediation, a conciliation statement shall be made, and the judgment or ruling of the first instance shall be deemed to be automatically revoked; If the parties reach a settlement on their own, the people's court shall rule to allow the withdrawal of the private prosecution and revoke the judgment and ruling of the first instance. " It can be seen that even if the defendant is found guilty of bigamy in the first instance and refuses to accept the appeal, the court of second instance can also preside over mediation between the two parties, and the parties can also mediate on their own. If a mediation agreement is reached, the defendant may also be exempted from punishment.
Second, the crime of bigamy has the following characteristics:
1. The object of this crime is the monogamous marriage system.
2. This crime is objectively manifested as the act of marrying another person with a spouse or knowing that another person has a spouse.
3. The subject of this crime is the general subject.
Specifically, there are two types of people: one is bigamy. The so-called "bigamist" refers to a person who has a spouse and marries others during the marriage relationship. Second, a married person refers to a person who has no spouse, but knows that others have a spouse and marries them.
4. Subjectively, this crime is intentional.
The specific manifestations are as follows: First, a spouse marries others knowing that he has a spouse. If the actor thinks that the spouse is dead and marries a third person, it does not constitute this crime. Second, a person who has no spouse marries a person who knows that he has a spouse. If a person who has no spouse is deceived by a person who has a spouse and mistakenly thinks that the other person has no spouse and marries him, the person who has no spouse does not constitute this crime, and the person who has a spouse alone constitutes bigamy.
The above knowledge is Bian Xiao's answer to relevant legal questions. Since bigamy is a case of private prosecution, it can also be classified as a case of public prosecution in some cases. Therefore, when different subjects bring a lawsuit to the people's court, it is necessary to analyze and deal with the question of whether the lawsuit can be withdrawn after the prosecution of bigamy.