First, is it transnational bigamy? How to sue?
Cross-border bigamy can be considered and can be prosecuted in the country where the marriage is registered. There are two ways to investigate bigamy:
1. The public security organ conducts its own investigation according to the report, report or other clues, or the court or procuratorate finds that there is a suspicion of bigamy and transfers it to the public security organ for investigation. After the investigation, the procuratorate will initiate a public prosecution and the people's court will try it. If a spouse finds that the other party has committed bigamy, he can report it to the public security organ and ask the public security organ to file a case for investigation;
2. After collecting evidence, the victim directly brings a lawsuit to the people's court. If bigamy can be brought to court, in addition to the legal spouse, the victim who has been cheated into marriage can also bring a lawsuit.
Second, the legal effect of bigamy crime
Bigamy is an illegal and criminal act that violates the principle of monogamy in marriage law. Marriage legislation in People's Republic of China (PRC) has always protected monogamy and prohibited bigamy. Those who constitute bigamy shall bear criminal responsibility according to law.
1, the effect of civil law
(1) Bigamy does not have the legal effect of marriage. Bigamy is one of the reasons why marriage is invalid according to the Marriage Law.
(2) Bigamy is one of the cases where the relationship between husband and wife has indeed broken down and the court has granted divorce;
(3) At the time of divorce, bigamy is one of the reasons why the innocent party claims damages.
2, the effectiveness of the criminal law
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." In other words, if a spouse commits bigamy or knowingly commits bigamy, he shall bear the criminal responsibility of bigamy.
Article 259 of the Criminal Law stipulates: "Whoever knowingly cohabites or marries a soldier shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention."
To sum up, transnational bigamy can also be considered and can be prosecuted in the country where the marriage is registered. First, you can report the case to the public security organ, and the parties can file a private prosecution in writing or orally. At the same time, the plaintiff should submit corresponding evidence to prove the other party's bigamy, and the court will make a decision to file a case within 15 days after receiving the private prosecution.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 115 A public security organ shall investigate a criminal case that has been put on file, and collect and obtain evidence of the criminal suspect's guilt or innocence, whether the crime is minor or serious. An active criminal or a major suspect may be detained in advance according to law, and a criminal suspect who meets the conditions for arrest shall be arrested according to law.
Article 116 After investigation, a public security organ shall conduct a preliminary examination of a case with evidence to prove that there are criminal facts, and verify the evidence materials collected and collected.