1. What is the sentencing standard for bigamy?
The sentencing standard for bigamy is fixed-term imprisonment of not more than two years
1. What is the sentencing standard for bigamy?
The sentencing standard for bigamy is fixed-term imprisonment of not more than two years or criminal detention, which is determined by the court according to the circumstances of the crime.
criminal law
Article 258 Whoever commits bigamy while having a spouse, or marries while knowing that others have a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
2. What are the evidence requirements for the conviction of bigamy?
(1) There is evidence to prove the fact of conviction and sentencing;
(2) The evidence on which the final decision is based has been verified by legal procedures;
(3) According to the evidence of the whole case, the ascertained facts have been beyond reasonable doubt.
3. What are the rights of defense lawyers in bigamy cases?
1. Providing legal advice to criminal suspects, representing complaints and accusations,
2. Apply for bail pending trial for the arrested criminal suspect.
3. If the entrusted matter is illegal, the client uses the services provided by the lawyer to engage in illegal activities, or the client deliberately conceals important facts related to the case, the lawyer has the right to refuse to defend.
4. Since the criminal suspect is interrogated by the investigation organ for the first time or compulsory measures are taken, the entrusted lawyer has the right to meet the criminal suspect and defendant with the lawyer's practice certificate, the certificate of law firm, the power of attorney or the official letter of legal aid to learn about the relevant case.
5. Lawyers meet with criminal suspects and defendants without being monitored.
6. The entrusted lawyer has the right to consult, extract and copy the litigation documents and files related to this case from the date of case review and prosecution.
7. The entrusted lawyer has the right to consult, extract and copy all materials related to the case from the date when the people's court accepts the case.
8. The entrusted lawyer may, according to the needs of the case, apply to the people's procuratorate or the people's court to collect and obtain evidence or apply to the people's court to notify witnesses to testify in court.
9. A lawyer may, on the strength of his lawyer's practice certificate and law firm's certificate, investigate the situation related to undertaking legal affairs to the relevant units or individuals on his own.
10. If a lawyer acts as a defender, his right to defense is guaranteed according to law.
Generally speaking, the court needs to combine the specific circumstances of bigamy cases within the statutory scope. After the judgment of the first instance, if the criminal suspect thinks that the sentence is too heavy, he may appeal. The appeal will not be aggravated, but the original judgment may be upheld. In the case of bigamy, the marriage relationship with a third party is invalid.