What evidence is needed to prove bigamy? We know that marriage is a sacred and beautiful thing, but in life, many marriages don't go to the end, and it is common for one party to cheat because of novelty. What evidence is needed to prove bigamy?
What evidence does bigamy need 1 1? What evidence does bigamy need to be determined?
In view of the crime of bigamy, the usual practice in practice is that if the victim has enough evidence to prove the crime of bigamy, the court will directly file a case as a private prosecution. If the evidence is insufficient, the victim requests the public security organ for reconnaissance, and then the procuratorate initiates a public prosecution.
This shows how important it is to collect evidence! !
In practice, collecting evidence is divided into two situations:
A legal marriage with a marriage certificate.
Direct evidence such as marriage registration or forged marriage certificate, birth certificate of having children with others.
2. Living together in the name of husband and wife without a marriage certificate.
(1) Proof of nearby people that the other party and others live in the name of husband and wife;
(2) guarantee, confession, etc. Parties involved in extramarital affairs;
(3) Photos and videos that both parties visit together;
(4) Intimate information sent by both parties;
(5) Obtain the certificate from the neighborhood committee and village committee, and the neighborhood committee will issue the certificate that the other party lives with others in the name of husband and wife.
It should be noted that it usually takes some time to live together in the name of husband and wife, which is generally considered to be three months.
Second, the skills of obtaining evidence in bigamy
1. Places where you can live and live unannounced.
It is believed that the most important point of bigamy is to live with others, so the place of cohabitation is very important. Only by finding a place to live together can there be further marriage investigation and evidence collection.
2. Start preparing from the actor's neighbors.
To determine whether a bigamist is really bigamist depends on whether he lives with others in the name of husband and wife, and these situations need to be proved by a third party with no interest, such as people who have frequent contact with the actor's place of life.
3. Inquire about the marital status of extramarital partners from the marriage registry.
If there is a registered marriage, you can ask the staff of the civil affairs department to cooperate and obtain evidence of bigamy.
Step 4 call the police
According to the relevant provisions of the judicial interpretation of the Criminal Procedure Law, bigamy cases can be prosecuted by the victim or by the people's procuratorate.
At present, the practice of the court is generally that if the private prosecutor has evidence to prove the fact of bigamy, the court will file a case directly according to the private prosecution. If the evidence of the private prosecutor is insufficient, the court shall not establish a private prosecution case. The victim asked the public security organ for reconnaissance, and then the procuratorate filed a public prosecution.
5. Entrust a lawyer to assist in obtaining evidence
The determination of bigamy is not so easy. In life, one party may cheat in marriage, such as going for a one-night stand, or occasionally cheating. Such a situation is difficult to be recognized as bigamy in practice, and naturally it cannot be handled in accordance with the legal provisions of bigamy. In addition, the identification of bigamy also needs to provide corresponding evidence materials, and mastering the skills of obtaining evidence is also a very important aspect.
What evidence is needed to prove bigamy? 1. How about bigamy?
According to the experience of judicial practice, bigamy mainly has the following types:
1, marriage registered by a spouse, marriage registered with others and bigamy, that is, 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, not registered with others to live together as husband and wife, this is the type of de facto marriage after legal marriage.
3. It is bigamy of two kinds of de facto marriages if you are not registered to get married with your spouse and others, but you have cohabited with your spouse and others as husband and wife at the same time.
4. It is a legal marriage type after de facto marriage to marry someone who is unregistered with the original spouse and is indeed married.
5, no spouse, but knowing that the other party has a spouse and remarried to register marriage or cohabitation as husband and wife. What evidence does bigamy need to prove?
Second, how to sentence bigamy?
According to Article 258 of the Criminal Law of People's Republic of China (PRC), whoever 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; A person with a spouse lives with others in the name of husband and wife, or knowingly lives with others in the name of husband and wife, which constitutes bigamy.
Criminal responsibility shall not be investigated if the criminal act of a criminal has exceeded the limitation period prescribed by the criminal law; If criminal responsibility has been investigated, the case shall be dismissed. If the statutory maximum penalty is less than five years of fixed-term imprisonment, the limitation period for prosecution is five years, and the crime of bigamy will not be investigated after five years; Going on the last separation doesn't count.
What evidence is needed to prove bigamy? 1. Is it a bigamy to have an illegitimate child out of wedlock?
A person who has a spouse commits bigamy, or marries someone who knows that they have a spouse, shall be punished as bigamy; If the spouse and the opposite sex outside marriage cohabit openly in the name of husband and wife, it constitutes bigamy; If one spouse and the opposite sex outside marriage are out of proportion in the name of husband and wife, the people's court will sometimes consider it bigamy according to the actual situation and the judge's discretion, considering the length and stability of their common life.
Marriage between spouses and others includes two forms:
1. It is legal bigamy for a person with a spouse to register marriage with others.
2. Although not registered for marriage, it is a de facto bigamy to live with others as husband and wife. In reality, bigamy is the main form of bigamy.
Second, what behavior does not constitute bigamy?
Not all bigamy should be convicted and punished. According to the experience of judicial practice, the following acts are usually not suitable for conviction and punishment for bigamy:
1, a woman with a spouse was abducted and remarried;
2. The life of natural disasters is difficult to maintain, forced to flow out, and remarried to others for a living;
3. Escape from arranged marriage and remarry with others before the arranged marriage is dissolved;
4. Forced to flee to other places due to severe abuse and bigamy;
5. The spouse has been out for a long time, the whereabouts of life and death are unknown, and there are serious difficulties in family life, which leads to bigamy.
According to the relevant regulations, the difference between bigamy and adultery is that the two parties to adultery generally do not have the same economic life, are not commensurate with husband and wife, and are conducted in secret. According to relevant regulations, the difference between bigamy and cohabitation is that cohabiting parties do not live together in the name of husband and wife. After the promulgation and implementation of the new "Regulations on the Administration of Marriage Registration", if a spouse lives with others in the name of husband and wife, or knows that others have a spouse and live together in the name of husband and wife, they should still be convicted and punished for bigamy.
In fact, having a child out of wedlock refers to having sex with another third person outside your own marriage relationship, thus giving birth to a child. Under such circumstances, it is actually impossible to directly identify the perpetrator as a bigamy crime. After all, the law clearly stipulates the specific forms of bigamy. If it is not satisfied, even if there are children born out of wedlock, it cannot be identified.