Is the crime of bigamy punishable by another person, and how will the crime of bigamy be punished

If another person is living together in the name of husband and wife, knowing that the other person has a spouse, he is also suspected of bigamy. It is also to be punished.

The crime of bigamy refers to the act of marrying another person while having a spouse or marrying another person knowing that he or she has a spouse. The so-called spouse refers to a person who has a wife and a woman has a husband, and the relationship between husband and wife is still existing without legal procedures. If the relationship has been dissolved, or if the relationship has disappeared naturally due to the death of one of the spouses, i.e. it is no longer a person who has a spouse.

The so-called "marrying another person knowing that he or she has a spouse" refers to deliberately marrying another person (including a registered marriage or a de facto marriage) even though he or she does not have a spouse, but knows that the other person has a spouse. Such an act is an act of intentional destruction of another person's marriage.

Article 258 of the Criminal Law of the People's Republic of China [Crime of bigamy] Whoever has a spouse and marries another person, or clearly knows that another person has a spouse and marries him, shall be sentenced to up to two years imprisonment or short-term detention.

1. What is the crime of bigamy?

Bigamy refers to the act of marrying another person while having a spouse, or marrying another person knowing that he or she has a spouse. The definition of the crime of bigamy is simple, but in practice, the determination of the crime of bigamy is very complicated. end

II. How to determine the crime of bigamy?

In order to determine the crime of bigamy, it is first necessary to understand what the crime of bigamy protects and why criminal penalties are used to protect it. First, bigamy is a challenge to monogamy. Violations of monogamy are punishable by criminal penalties.

Therefore, to determine the crime of bigamy, the marriage before bigamy must first be valid. Therefore, the following conditions need to be met for the determination of the crime of bigamy:

1. The former marriage of the crime of bigamy is a legal marriage, that is, a marriage relationship recognized by the law of our country. At this time, there are two situations: a legal marriage with a marriage certificate and a de facto marriage recognized by the neighborhood without a marriage certificate before February 1, 1994.

There are still differences in this regard, and there are different ways to deal with it in different places. Some regions recognize de facto marriages that existed before bigamy, while others only recognize legal marriages with marriage certificates.

2. The subsequent marriage of the crime of bigamy can be a legal marriage or a de facto marriage relationship recognized by law. In this case, two circumstances can determine whether bigamy is constituted. One is bigamy with a marriage certificate, and the other is bigamy with a de facto marriage in the name of husband and wife.

To put it simply, the crime of bigamy must satisfy the state of marriage before and after, and if the previous marriage is not recognized as a de facto marriage, then the subsequent marriage is not an act of bigamy regardless of whether it receives a marriage certificate or not. If, the de facto marriage of the previous marriage is recognized, then the subsequent marriage, regardless of the status, as long as one of the two conditions is satisfied, is a crime of bigamy. Here, he cannot be convicted of bigamy.

It is only after the public security organs are requested to intervene and the court makes a judgment that it is not possible to determine whether it is a bigamy crime. However, if the previous marriage is a registered marriage, the subsequent marriage constitutes the crime of bigamy, no matter what the act is. end

3. How to sentence the punishment for the crime of bigamy, and how many years to sentence?

According to the provisions of the Criminal Law of the People's Republic of China, a person who has a spouse and marries him, or who marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than 2 years or criminal detention. Therefore, for the party having an extramarital affair, the crime of bigamy must be punished, even if it is criminal detention. It is also a criminal offence to marry another person knowing that he or she has a spouse.

In other words, for those third parties who are willing to have extramarital affairs, they may also violate the criminal law and be subject to criminal punishment.

The above is only a simple explanation of the general situation of the crime of bigamy, and for bigamy under special circumstances, for example, one of the spouses flees because of unbearable abuse, and bigamy with another person due to a disaster, it needs to be analyzed on a case-by-case basis. Finally, here is a way to persuade victims who want to push the party who has an extramarital affair to the criminal court, there is no need to push them into that abyss, it is a stupid way to do nothing for yourself. The best thing to do is to live your life well, gather evidence of bigamy, fight for the division of property and get more compensation in case of claims.

It depends on whether the other party knows that the other party is married, but still has the intention to marry him. If you don't know it, you are also a victim and do not need to be punished.

Legal analysis: The crime of bigamy will be punished as follows: a person who has a spouse and marries him, or marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

For the party to the extramarital affair, the crime of bigamy must be punished, even if it is criminal detention, it is also a criminal punishment. For Tease Sakura, who knows that someone else has a spouse and marries him, it is also a violation of the Punishment Mountain Kaicong Law. In other words, for those who are willing to have an extramarital affair, the third grandson may also violate the criminal law and be criminally punished.

Legal basis: Article 258 of the Criminal Law of the People's Republic of China Whoever has a spouse and marries him, or marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.

Summary. Hello, according to your description, whoever commits the crime of bigamy shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. Whoever marries another person knowing that he has a spouse and marries him, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention while knowing that he has a spouse.

Hello, according to your description, whoever commits the crime of bigamy shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. Whoever marries another person knowing that he has a spouse and marries another person knowing that he has a spouse shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.

Hello, according to Article 258 of the Criminal Law, a person who has a spouse and marries him, or marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment or criminal detention for up to two years.

The perpetrator is suspected of constituting the crime of bigamy and shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention. "Bigamy" refers to the act of a person who has a spouse marrying another person or living together in the name of husband and wife, or the act of marrying another person or living together in the name of husband and wife knowing that another person has a spouse. There are two types of bigamy: de jure bigamy and de facto bigamy.

Legal bigamy refers to a person whose previous marriage has not been dissolved and another person has registered his marriage, and de facto bigamy refers to a person whose previous marriage has not been dissolved and a de facto marriage is formed with another person. According to article 258 of the Criminal Law, a person who has a spouse and marries him, or who marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention. Article 258 68 of the Criminal Law of the People's Republic of China Whoever has a spouse and marries a person who marries another person knowing that he has a spouse shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.

Article 285 68 of the Criminal Law of the People's Republic of China violates state regulations by infringing on computer information systems in the fields of state affairs, national defense construction, or cutting-edge science and technology, and is to be sentenced to up to three years imprisonment or short-term detention. Where state provisions are violated by invading computer information systems other than those provided for in the preceding paragraph or employing other technical means to obtain data stored, processed, or transmitted in that computer information system, or by illegally controlling the computer information system, and the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine. Where programs or tools are provided specifically for intrusion or illegal control of computer information systems, or providing program traces or tools to others knowing that they are committing illegal or criminal acts of invading or illegally controlling computer information systems, and the circumstances are serious, punishment is to be given in accordance with the provisions of the preceding paragraph.

Where a unit commits the crimes in the preceding three paragraphs, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of those paragraphs.

If they do not live together as husband and wife, it does not constitute the crime of bigamy. If they live together as husband and wife, the offence of bigamy is committed. The crime of bigamy shall be criminally responsible.

Article 258 of the Criminal Law stipulates that a person who has a spouse and marries him, or who marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.