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The offence of bigamy requires the following evidence:
1. Legal marriage with a marriage certificate: This situation is relatively simple, and the evidence required includes direct evidence such as marriage registration or forged marriage certificate, birth certificate of a child born to another person, etc.
2. Cohabitation in the name of husband and wife without obtaining a marriage certificate: In this case, because there is no direct evidence like the previous situation, it is more troublesome to collect evidence, and the specific evidence that can be collected includes: the witness testimony of friends, the guarantee of one party to the extramarital affair, the confession, etc., the ** video of the two parties in and out of the extramarital affair together, and the intimate text messages sent by both parties.
Methods of investigation and evidence collection for the crime of bigamy:
1. Investigate and secretly visit the places where they live and live.
The most important point to determine bigamy is to live with another person, so the place of cohabitation is very important, and only when a place to live together can there be further marriage investigation and evidence.
2. Establish a good relationship with the people around the bigamist's place of life.
Whether or not a bigamist is really bigamy depends on whether he is living with another person in the name of husband and wife, and this requires the approval of someone, so the words (approval) of these people are important evidence that must not be missing.
3. Call the police, please investigate.
4. Go to the marriage registry office to check the marriage status of the party having an extramarital affair. If there is a registration, the staff of the civil affairs department may be requested to cooperate in obtaining evidence of bigamy.
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I didn't study law, I only knew the surface.
The crime of bigamy naturally means that you have been married twice.
It must be proved that the person has more than one wife (or husband) in the legal sense.
The Civil Affairs Bureau should have investigated his marriage record. Or just get his two marriage certificates.
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The investigation and collection of evidence for the crime of bigamy shall be carried out in the following manner:
1. If the bigamist does not obtain a marriage certificate with another person, evidence that can prove that the bigamist lives together with another person in the name of husband and wife should be collected. In the process of investigation and evidence collection, it must be legal, otherwise the evidence will not be recognized by the court;
2. If there is a spouse and bigamy, direct evidence such as the marriage registration of the bigamist and others or the forged marriage certificate or the birth certificate of the child born with another person is required.
Legal basisArticle 50 of the Criminal Procedure Law of the People's Republic of China.
The materials that can be used to prove the facts of the case are all evidence.
Evidence includes: 1) physical evidence;
2) documentary evidence; 3) witness testimony;
4) Victim statements;
5) Confessions and justifications of criminal suspects or defendants;
6) Appraisal opinions;
7) Records of inquests, inspections, identifications, investigative experiments, and so forth;
8) Audio-visual materials and electronic data.
Evidence must be verified to be true before it can be used as the basis for a verdict.
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If the crime of bigamy is a private prosecution, the private prosecutor is responsible for the investigation and collection of evidence; If the crime of bigamy is prosecuted, the public security organs are responsible for investigating and collecting evidence. The crime of bigamy refers to the act of marrying another person with a spouse or marrying another person knowing that another person has a spouse. A person who has a spouse is no longer a spouse if the marital relationship has been dissolved, or if the marital relationship has disappeared naturally due to the death of one of the spouses.
Legal basis] 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 of not more than two years or short-term detention.
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Monogamy is practiced in China, and bigamy is prohibited, and if a person is already married and bigamy with another person, he needs to bear legal responsibility. So, who is responsible for investigating and collecting evidence for the crime of bigamy? It needs to be analyzed on a case-by-case basis.
1. For the crime of bigamy, it may be learned that a private prosecution may be initiated, and a public prosecution may be initiated. In the case of a private prosecution, the private prosecutor needs to investigate and collect evidence on his own, and submit it to the public security organ or the people's procuratorate and other relevant institutions, and make a relevant judgment after the court has tried and made a judgment.
2. If the plaintiff chooses to initiate a public prosecution, the plaintiff needs to provide preliminary clues, and if there is no conclusive evidence, he may report the case to the public security organ, and report the relevant situation to the public security organ, and the public security organ is responsible for investigating and collecting evidence. After the public security organs investigated and obtained the Zheng Zheng evidence, they submitted relevant evidence and handed it over to the relevant departments, and the procuratorate initiated a public prosecution, and the court made a judgment.