How long does it take for cheating and cohabitation during marriage to be considered bigamy? In the real society, everyone knows that monogamy is now the norm, but there are still many people who live with others after marriage and even get pregnant. This is very bad behavior. So how long does it take for cheating and cohabitation during marriage to be considered bigamy?
How long does it take for cheating and cohabitation during marriage to be considered bigamy1? 1. How long does it take to be considered bigamy?
The length of cohabitation is not directly related to bigamy. In judicial practice, cohabitation is considered bigamy:
(1) A person with a spouse holds a wedding ceremony with another person and actually lives together;
(2) A person with a spouse has not married Others held a marriage ceremony, but they were regarded as husband and wife and lived together for more than three months;
(3) Although the spouse did not hold a marriage ceremony with others, he had a relatively stable cohabitation relationship and had children;< /p>
(4) The person with a spouse is not compatible with others, but has a stable cohabitation relationship and has lived in a relatively fixed residence for more than 6 months.
2. Invalid marriage
Article 1051 of the Civil Code stipulates that a marriage is invalid if one of the following circumstances occurs:
1. Bigamy;< /p>
2. Having a kinship relationship that prohibits marriage;
3. Suffering from a disease that is medically considered inappropriate for marriage before marriage and not cured after marriage;
4. Those who have not reached the legal age for marriage.
Three. Conditions for marriage registration
1. Both the man and the woman must be completely voluntary.
Article 1043 of my country’s Civil Code stipulates: “Marriage must be completely voluntary for both men and women. Neither party may force the other party, and no third party may interfere.”
This provision is The embodiment of the principle of freedom of marriage is also the necessary and primary condition for marriage. The two words "completely voluntary" between men and women are an indivisible whole. First of all, marriage must be voluntary, not wishful thinking, and one party is not allowed to force the other party; secondly, it is my own wish, not according to other people's wishes, nor is it allowed to be arranged by parents or other third parties;
Third, it is completely voluntary, not reluctantly agreed, which excludes the semi-voluntary and semi-arranged situation of one or both parties. "No party may coerce, no third party may interfere" is a supplement and emphasis on the complete voluntariness of "both men and women". The former adjustment is positive and the latter adjustment is negative.
2. Must reach the legal age for marriage.
Article 1046 of my country's Civil Code stipulates: "The age of marriage shall not be earlier than 22 years old for men and 20 years old for women. Late marriage and late childbearing should be encouraged."
Legal marriage Age refers to the legal minimum age for marriage between men and women. Both parties or one party are not allowed to get married if they are below the legal age for marriage; marriage is only allowed after reaching or exceeding the legal age for marriage. This regulation is completely scientific and fully consistent with China's actual situation. Its basic spirit is to restrict early marriage and encourage late marriage and late childbearing.
3. Must be monogamous.
The Civil Code does not have special provisions on monogamy in the "Marriage" chapter, but it has clearly stated that monogamy is prohibited in the General Provisions chapter. Therefore, when reviewing a marriage application, you must strictly grasp this condition and verify it carefully. Those applying for marriage must be unmarried or widowed or divorced to avoid bigamy.
Many people are still unclear, and it is easy to confuse marital infidelity and bigamy. Sometimes, even if the other party is found to be cohabiting with a third party during the marriage, it is difficult to be sentenced for bigamy if the other party and the third party have never declared to be husband and wife, or the cohabitation relationship lasts for less than three months.
How long does it take for cheating and cohabitation during marriage to be considered bigamy? 2. How long does it take to live together to be considered bigamous?
There is no such requirement. Cohabitation with other people of the opposite sex in the name of husband and wife before divorce is suspected of bigamy. Mere cohabitation is not a condition for bigamy.
Cohabitation does not mean bigamy, and the length of cohabitation does not affect its nature. Cohabitation does not equal bigamy. Cohabitation of a spouse with another person means that a spouse and a person of the opposite sex outside of marriage live together continuously and stably in the name of husband and wife. Commonly known as concubinage.
Bigamy refers to the illegal act of a spouse marrying another person, that is, one person has more than two marriage relationships at the same time.
There are two elements to constitute bigamy:
1. When one or both parties have a valid marriage relationship. This is the prerequisite for bigamy.
2. There are two forms of marriage between a spouse and another person: one is that the spouse registers to marry another person, which is legal bigamy; the other is that the spouse does not register the marriage but lives with others as husband and wife. It is de facto bigamy. In real life, bigamy is the main form of bigamy.
2. Criminal liability for the crime of bigamy
Whoever commits bigamy shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Bigamy seriously violates the personal rights of the innocent party, hinders and destroys the safety of marriage and family, and has certain social harm. Therefore, the criminal laws of many countries recognize bigamy as a crime punishable by punishment.
Our country’s current criminal law clearly stipulates that bigamy is a crime that violates personal rights and should be punished by criminal law. Our country’s marriage law is compatible with the current criminal law. Article 45 clearly stipulates: "Bigamy shall be investigated for criminal prosecution in accordance with the law." responsibility".
3. Judicial interpretation of the crime of bigamy
1. From the perspective of the subjective characteristics of bigamy, the bigamy behavior is direct and intentional. This kind of direct intentionality manifests itself as: marrying another person knowing that one's existing marriage relationship has not been dissolved, or marrying another person knowing that one has a spouse.
2. The object of the crime of bigamy is monogamy, and the victim's "legal marriage relationship" is only the object of the crime of bigamy. The first view directly confuses the difference between the crime object and the crime object.
3. The objective aspect of the crime of bigamy is that bigamy violates the fundamental marriage system of monogamy and implements overlapping behaviors of marriage. That is, the crime of bigamy involves two marriages at the same time. Whether the previous marriage is legal or not does not affect the constitution of the crime of bigamy.
4. In judicial practice, former marriage is illegal and subsequent marriage is "legal". It is just a means used by bigamists to evade legal sanctions under the new situation. It is a new type of bigamy crime. form of expression.
To sum up, cohabitation is cohabitation with others. Cohabitation with someone else's spouse is a violation of marriage law, but breaking the law does not necessarily constitute a crime. It must have statutory grounds to constitute a crime. Therefore, there must be a legal basis when processing.
How long does it take for cheating and cohabitation during marriage to be considered bigamy? 1. How long does it take to live with a third party before it is considered bigamy?
The length of cohabitation is not directly related to the crime of bigamy. Living together as husband and wife constitutes the crime of bigamy. The crime of bigamy mainly includes the following types:
1. Registering a marriage with a spouse, registering a marriage with another person, and bigamy, that is, bigamy between two legal marriages. A person who has a spouse registers a marriage with another person, a bigamist deceives the marriage registration office to obtain a marriage certificate, and a bigamist conspires with the registration office staff to obtain a marriage certificate.
2. Registering marriage with the original spouse, but not registering with others to live together as husband and wife. This is a type of de facto marriage after legal marriage.
3. A person who is not registered to be married to his spouse and another person, but is already or simultaneously cohabiting with his spouse and another person as husband and wife, is a bigamy. This is two types of de facto bigamy.
4. Bigamy is a legal type of marriage after de facto marriage when the original spouse is not registered and the relationship is indeed as husband and wife, and then marries another person.
5. Without a spouse, but knowing that the other party has a spouse and remarrying to register marriage or cohabiting as husband and wife.
2. What is the content of the defense statement for suspected bigamy?
(1) Title. You can write a "defence statement about the case."
(2) Preface
Explain the legal status of the defender. At the same time, briefly explain what work the defender has done beforehand, such as reviewing case files, understanding the case, meeting or communicating with the defendant in custody, etc. (Mostly limited to lawyers). At the end of the preface, the defender's basic views on this case can be summarized. If it is believed that the criminal facts charged by the public prosecution against the defendant cannot be established, or the conviction is inappropriate, etc.
(3) Reasons for defense
This is the main part of the "defense", which puts forward the reasons for defense from the facts, the law, and the defendant's guilty attitude. Specifically, you can put forward defense reasons from the analysis of whether the defendant's criminal facts proposed by the prosecutor can be established;
Or use the law to express opinions on conviction and sentencing, and express opinions on the charges proposed in the indictment; attitude of guilty plea Mainly based on the policy of "lenity for those who confess and severity for those who resist", reasons for lenience are proposed.
(4)End. Summarize the defense reasons and make sentencing recommendations for the defendant.
(5) Indicate the name of the defender and indicate the specific date.
Relevant evidence is required to determine that the other party is bigamous.
Although both cheating and bigamy seriously damage the relationship between husband and wife, since the legal nature of bigamy is different from cheating, I cannot sue for bigamy just because the other party has been living with a third party for a long time and there is no other evidence.