It is illegal for a man to have two wives, which constitutes bigamy. The punishment is: fixed-term imprisonment of not more than two years or criminal detention. Crime is objectively reflected in the fact that the actor remarries with a spouse, or marries others knowing that he has a spouse.
First, the determination of bigamy crime needs to meet the following conditions:
1, the subjective aspect is the direct intention of the crime of bigamy, that is, knowing that others have a spouse and marrying them or intentionally marrying others with a spouse. The marriage here includes legal marriage and de facto marriage;
2. Objectively, the actor must have the crime of bigamy, including registered marriage with others or continuous and stable cohabitation with others in the name of husband and wife;
3. The subject is a general subject. Anyone who has reached the age of 16 and has full criminal responsibility can constitute this crime.
Second, whether Xiao San can sue the man for bigamy depends on the situation:
1. If Xiao San is the innocent party of bigamy and belongs to the victim, she can sue the man for bigamy and protect her rights and interests through litigation;
2. If Xiao San is the wrong party and knows that the other party has a spouse, it is generally not allowed to sue the man for bigamy.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 104 1 of the Civil Code of People's Republic of China (PRC).
Marriage and family are protected by the state. A marriage system featuring freedom of marriage, monogamy and equality between men and women shall be implemented. Protect the legitimate rights and interests of women, minors, the elderly and the disabled.
Article 87 of the criminal law
After the following time limit, the crime will not be prosecuted:
(1) Five years have passed if the statutory maximum penalty is less than five years of fixed-term imprisonment;
(2) Ten years if the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years;
(3) Fifteen years if the statutory maximum penalty is fixed-term imprisonment of not less than ten years;
(4) Twenty years have passed if the maximum legal punishment is life imprisonment or death penalty. 20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval.
Article 258
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.