The infidelity of one spouse violates the duty of loyalty between husband and wife and does not constitute a crime. If derailment constitutes bigamy, criminal responsibility may be investigated in accordance with the provisions of the Criminal Law.
Bigamy refers to the act of marrying someone who has a spouse or knowing that someone else has a spouse.
The so-called marriage knowing that others have a spouse means that although I have no spouse, I know that the other person has a spouse and marry him (including registered marriage or de facto marriage).
The constitutive requirements of bigamy crime are: the object of bigamy crime is monogamous marriage relationship.
The crime of bigamy objectively shows that the actor must have bigamy. That is, a person with a spouse marries another person, or marries another person knowing that he has a spouse, which constitutes bigamy.
The subject of bigamy crime is the general subject. First, the spouse has established a marriage relationship with others during the existence of the husband-wife relationship; Second, people who have no spouse get married knowing that they have a spouse.
Subjectively, the crime of bigamy is manifested as direct intention, that is, knowing that others have a spouse and marrying them, or deliberately marrying others because they have a spouse. If one spouse really doesn't know that the other spouse has a spouse and marries him or lives with him as husband and wife, then the person without a spouse does not constitute bigamy, and the person with a spouse constitutes bigamy.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis:
Article 259 of the Criminal Law
Whoever knowingly lives with or marries the spouse of an active serviceman shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Whoever rapes a soldier's wife by taking advantage of his power shall be convicted and punished in accordance with the provisions of Article 236 of this Law.