How does the law convict you of bigamy? Article 258 of China's Criminal Law stipulates that whoever has a spouse commits bigamy or marries someone knowing that they have a spouse shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
If more information can be provided, more detailed legal advice can be given.
He also committed bigamy. Can he be sentenced? Article 45 of the Marriage Law of the People's Republic of China stipulates that if bigamy constitutes a crime, criminal responsibility shall be investigated according to law.
According to Article 258 of the Criminal Law of People's Republic of China (PRC), whoever commits bigamy while having a spouse, or marries someone knowing that they have a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
At the age of 84, he committed bigamy. Will this be sentenced? If you violate the criminal law, you must be sentenced. Bigamy is imprisonment for not more than two years. But in practice, the 84-year-old man, even if he pays attention to his health, has some physical problems and is not suitable for imprisonment. The probability of probation is high. As for marriage, it is definitely invalid.
Will bigamy be punished? 1 According to Article 258 of the Criminal Law,
The crime of bigamy includes bigamy with a spouse, or marrying someone knowing that they have a spouse.
Be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
The punishment for bigamy must be handled only after notification.
Can bigamy be sentenced? No, but it will be sentenced. Article 258 of the Criminal Law stipulates that bigamy shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Will bigamy be sentenced? How long can I be sentenced? 1. Bigamy is a crime. If it is recognized as bigamy by the court, it will bear criminal responsibility and be sentenced to fixed-term imprisonment of not more than two years or criminal detention;
2. Legal basis: Article 258 of the Criminal Law (revised 1997) The crime of bigamy is bigamy if a spouse exists, or if someone marries another person knowing that he has a spouse, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
If we want to identify the crime of bigamy, we need to know what the crime of bigamy protects and why we should take criminal punishment measures to protect it. First, bigamy is a challenge to monogamy. Those who violate monogamy will be subject to criminal punishment. Therefore, the conviction of bigamy first requires the validity of premarital marriage. Therefore, the determination of bigamy crime needs to meet the following conditions: 1 The crime of bigamy belongs to legal marriage before marriage, that is, the marriage relationship recognized by Chinese law. At this time, there are two situations: a legal marriage with a marriage certificate and a de facto marriage recognized by the neighborhood before 1 994 February1. There are still differences in this respect, and the handling methods in different places are different. Some areas recognize the de facto marriage before marriage, while others only recognize the legal marriage with marriage certificate.
2. Bigamy can be a legal marriage or a de facto marriage relationship recognized by law. At this point, two situations can determine whether it constitutes bigamy. One is to get a marriage certificate, and the other is to form a de facto marriage in the name of husband and wife.
Simply put, the crime of bigamy must satisfy the state before and after marriage. If the previous marriage is not recognized as a de facto marriage, the latter marriage is not considered bigamy regardless of whether the marriage certificate is obtained or not. If the de facto marriage before marriage is recognized, then no matter what the state after marriage, as long as one of the two conditions is met, it belongs to bigamy. Here, I can't find bigamy. Only when the public security organs are invited to intervene and the court decides can it be recognized as bigamy. However, marriage before marriage is registered, and marriage after marriage, no matter what behavior, constitutes bigamy.
Article 258 of the Criminal Law of People's Republic of China (PRC) stipulates: "Whoever commits bigamy while having a spouse, or marries someone knowing that they have a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
How to sentence bigamy? Bigamy shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Does it constitute bigamy if one spouse does not file a lawsuit against bigamy? First, the specific analysis
Bigamy refers to the act of marrying someone who has a spouse or knowing that someone else has a spouse. The civil law of our country does not recognize the de facto marriage, but the de facto marriage in the criminal law field is still the object of bigamy in criminal crimes. The crime of bigamy generally includes the following situations:
1. Marrying one's spouse and remarriing with others is the 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.
2. Registered marriage with the original spouse, but not registered with others and living together as husband and wife, is the type of de facto marriage after legal marriage.
3. The crime of bigamy refers to the bigamy of two kinds of de facto marriages in which both husband and wife and others live together as husband and wife successively or simultaneously, although they are not registered to get married.
4. cohabitation with the original spouse without registration and cohabitation as husband and wife, and then marriage with others, this is the legal marriage type of de facto marriage.
5. No spouse, but knowing that the other party has a spouse, to register marriage or live together as husband and wife to remarry.
Bigamy is a criminal private prosecution. If you want to sue, you must have evidence to prove the above facts. It should be noted that the de facto marriage in the criminal law field requires both parties to live together openly in the name of husband and wife, but like the phenomenon of "mistresses" in real life, if the parties act in a low-key manner and do not live together in the name of husband and wife, it is difficult to convict in real litigation; You can take neighborhood evidence to prove that their behavior has formed a husband-wife relationship in the eyes of neighbors.
However, it is wrong for the man to do so. When filing for divorce, he has the right to ask the man to pay the woman mental damage compensation and material damages.
Second, the legal basis:
"the Supreme People's Court's provisions on whether cases of illegal cohabitation in the name of husband and wife are convicted and punished for bigamy after implementation:" If a spouse cohabites with others in the name of husband and wife, or knowingly cohabites with others in the name of husband and wife, he should still be convicted and punished for bigamy.
Article 258 of the Criminal Law stipulates: "Whoever commits bigamy while having a spouse, or marries someone knowing that they have a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention."
Article 46 (1) and (2) of the Marriage Law stipulates that in case of divorce due to bigamy or cohabitation of a spouse with others, the innocent party has the right to claim damages.
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