marital infidelity and cohabitation should bear legal responsibility. Nowadays, many people will choose marital infidelity
marital infidelity and cohabitation should bear legal responsibility. Nowadays, many people will choose marital infidelity and cohabitation when their marriage is not smooth.
Marital infidelity and cohabitation should bear legal responsibility
Marital infidelity and cohabitation should bear legal responsibility. Nowadays, many people choose to divorce when their marriage is not smooth, which is similar to happy families. Unfortunately, each family has its own misfortune, and each family has a hard story to read. Is it legal to share the marital cohabitation derailment?
1. No responsibility for cheating and cohabitation in marriage. 1
No responsibility for cheating in marriage. Generally speaking, only cheating in marriage will be morally condemned, but if the cheating party lives with others, it will constitute a marital fault, and the cheating party needs to bear civil liability. For the no-fault party, the fault party shall pay compensation for divorce damages; If the derailed party marries others or forms a de facto marriage with others, criminal responsibility will be investigated for bigamy.
Legal basis
Article 191 of the General Principles of Civil Law
In case of divorce under any of the following circumstances, the party at fault has the right to claim damages:
(1) Bigamy;
(2) cohabiting with others;
(3) committing domestic violence;
(4) maltreating or abandoning family members;
(5) having other major faults.
Article 258 of the Criminal Law
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.
1. Will cheating in marriage involve a crime?
marital infidelity generally refers to the fact that one of the husband and wife has sexual relations with the opposite sex outside marriage during the marriage relationship. It is illegal to have extramarital affairs, but the legal consequences of illegality vary according to different circumstances.
Actually, marital infidelity not only leads to social moral condemnation, but also may constitute a crime in serious cases, so criminal responsibility should be investigated.
1. Cheating in marriage may be suspected of committing bigamy
Article 258 of the Criminal Law stipulates that anyone who commits bigamy with 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.
It is easier to understand bigamy when you have a spouse. Simply explain: "Marry someone knowing that they have a spouse" refers to the act of deliberately marrying someone (including registered marriage or de facto marriage) when they know that they have a spouse. This kind of behavior is an act of deliberately destroying other people's marriage. Of course, marrying someone who knows that they have a spouse does not constitute bigamy.
Second, cheating in marriage may be suspected of violating military marriage
Article 259 of the Criminal Law stipulates that anyone who knowingly cohabites with or marries a serviceman shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
The object of the crime of breaking the military marriage is "the spouse of an active serviceman". Here, "cohabitation" does not require cohabitation in the name of husband and wife, as long as there is a continuous and stable * * * * with the spouse of an active serviceman, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. As long as there is continuous and stable cohabitation with the spouse of an active serviceman, it can constitute the crime of destroying military marriage and be investigated for criminal responsibility.
The above two kinds of criminal offences are aimed at serious "cheating" behavior. If you occasionally have an improper sexual relationship with the opposite sex outside marriage, you can only rely on moral public opinion condemnation to exert pressure on the cheater, but you can't pursue criminal responsibility.
2. How to collect the evidence of marital infidelity
1. Fix the evidence of affair that is easy to be lost
Try to collect the contents of mobile phone text messages, e-mail contents, computer blog diaries, qq chat records, etc. of one party in marriage and the object of affair, if possible. If conditions do not allow, you should try to trim and save it yourself. Mobile phone messages can be photographed with a mobile phone and a digital camera, and computer and network information can be intercepted and saved in full screen.
Second, collect written evidence
The affair behavior in marriage was suddenly exposed at the early stage of the crime, and in the face of emotional excitement and urgency, or written in the form of "confession", "confession", "guarantee" and "agreement" to express regret; After the police intervene, one party in the marriage engages in prostitution, dating, illegal cohabitation and other acts. The police intervened in the investigation; The employing unit may decide to deal with it if it finds that one of the parties in the marriage has whoring or having an affair; Witnesses who have an affair or illegal cohabitation can provide documentary evidence and can decide to deal with it.
Third, the collection of audio-visual evidence
The recorded data of the bargaining between husband and wife about the situation inside and outside marriage are mainly collected by the parties themselves; Videos and photos of couples, holding hands, hugging or entering or leaving the room with a third party in public places after marriage are collected by the private detective agency, a third-party investigation company, which is relatively safe and reliable and has independent evidence effect. As long as it is not illegal, the audio-visual materials shot and recorded by the parties or their agents can be used as evidence and have probative force.
Fourth, the collection of evidence
The collection of evidence of adultery in bed, it is best to shoot a video to better explain the problem; It is very difficult to collect this kind of evidence, and it is more likely to lead to fierce real conflicts; Courts usually do not advocate the use of such evidence, and the judicial organs are controversial about the collection methods of such evidence.
if the cheating behavior does not cause serious consequences, then the cheating party will only be morally "condemned" and does not necessarily need to bear criminal responsibility. The most common situation is that if divorce is required due to emotional breakdown caused by derailment, the innocent party can ask the derailed party to pay compensation.
what is the legal responsibility for marital infidelity?
according to article 191 of the civil code, the innocent party has the right to file for divorce under the following circumstances: (1) bigamy; (2) cohabitation with others; (3) maltreatment and abandonment of family members; and (5) other gross negligence.
The other gross negligence mentioned here is an all-inclusive clause. Bigamy and cohabitation are forms of infidelity. Other forms of infidelity will be classified as gross negligence according to the seriousness of the circumstances. In addition, other bad habits such as drug abuse, gambling and alcoholism may also be suspected of serious marital negligence.
Reduction of property due to divorce: According to the relevant provisions of the Civil Code, if divorce is caused by gross negligence, the court may, according to the specific circumstances of the case, consider the fault of both husband and wife and decide to reduce the property of the faulty party.
The new provisions of the Civil Code have added provisions to protect the rights and interests of the innocent party, providing a solid legal basis for judicial decisions. In other words, in the division of divorce property, there is a law to give preferential treatment to the wrong party and punish the innocent party. Therefore, when the court divides the divorced property, it will also consider the fault of both husband and wife and make a judgment according to law.
The innocent party claims damages: According to the General Principles of Civil Law, if divorce is caused by gross negligence, the innocent party has the right to claim damages from the innocent party, including material losses and mental losses.
When dealing with divorce property disputes, the General Principles of Civil Law adds the principle of taking care of the innocent party, stipulating under what circumstances the innocent party has the right to claim compensation. Therefore, both husband and wife have to pay the price of being cheated and destroy the stability of the marriage relationship, so they should be liable for compensation. Not only should we divide the property less, but we should also make no-fault compensation.
Third, if the circumstances are serious, criminal responsibility can be investigated: if one party commits domestic violence and causes minor injuries or more, criminal responsibility should be investigated; Abuse or abandonment of family members, if the circumstances are serious, shall also be investigated for criminal responsibility; Bigamy should also be investigated for criminal responsibility.
what is the legal responsibility for cheating in marriage? That's my introduction. If you still have anything unclear, you can leave a message below or consult a professional lawyer. Cheating in marriage is something you need to know in detail, so you must be cautious.