How can he be proved guilty of bigamy? What evidence is needed to prove the crime of bigamy

Ask someone to follow up and investigate and collect evidence.

Methods of proving the crime of bigamy: It is necessary to collect evidence to prove the existence of bigamy. The following evidence needs to be gathered:

Testimony of witnesses, victim statements, confessions and justifications of criminal suspects or defendants, appraisal opinions, inquests, inspections, identifications, investigative experiments, and other records, audio-visual materials, and electronic data of the people living in the vicinity of the place of residence where the other party and others live as husband and wife outside the name.

[Legal basis].Article 50 of the Criminal Procedure Law.

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.

The evidence must be verified to be true before it can be used as the basis for a verdict.

Hello, there are two main situations that constitute bigamy: (1) legal bigamy, that is, bigamy constituted by the previous marriage has not been dissolved and the marriage registration procedures are completed with others. (2) de facto bigamy:

That is, if the previous marriage has not been dissolved, and the person lives together in the name (or relationship) of husband and wife, although the marriage registration formalities have not been completed, in fact it has constituted bigamy. Based on the experience of handling cases in the past, the lawyer believes that the fact of bigamy is more difficult to prove, but it occurs most frequently, and it is recommended to make adequate preparations in evidence under the guidance of professionals.

Legal basis] Article 1041 of the Civil Code: Marriage and family are protected by the Guoqin family. Freedom of marriage, monogamy, and equality between men and women are practiced.

Article 258 of the Criminal Law: A person who commits bigamy with his spouse, 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.

If there is no evidence for bigamy, it is best to collect evidence by all means.

In cases of bigamy, the victim may initiate a private prosecution, or the people's procuratorate may initiate a public prosecution.

At present, the general practice of the courts is that if the private prosecutor has evidence to prove the fact of bigamy, the court will directly file the case according to the private prosecution.

If the private prosecutor's evidence is insufficient, the court will not file a private prosecution case. The victim requests the public security organ to investigate, and then the procuratorate initiates a public prosecution.

The following evidence can be used as evidence for the crime of bigamy:

1. Legal marriage with a marriage certificate: marriage registration or forgery of marriage certificate, birth certificate of children born with others and other direct evidence.

2. Cohabiting in the name of husband and wife but not obtaining a marriage certificate:

Proof of the people living in the vicinity of the place of residence where the other party and the other person live as husband and wife;

Letter of guarantee and confession of the party to the extramarital affair;

Extramarital affairs, both parties go in and out together, ** video, etc.

1. Is the crime of bigamy innocent after the prosecution period?

Yes. According to the principle of legality and presumption of innocence, a person who has not been judged by a court is not considered a crime and is not guilty.

The period for prosecution of criminal proceedings has expired, and under normal circumstances, the public prosecution organ will not pursue the case, and the court will not try it, and of course it is not guilty.

Bigamy is a very complex phenomenon, and when dealing with cases of bigamy, it is often difficult to distinguish between guilt and non-guilt. The distinction between the crime of bigamy and the non-crime should be distinguished from the following aspects.

1. It is necessary to distinguish between the crime of bigamy and the fact that a woman with a spouse is abducted and trafficked and bigamy. The crime of abduction and trafficking in women is quite serious.

In this case, although the trafficked woman objectively has bigamy, she does not subjectively have the intention of bigamy, and bigamy with another person is the result of deception or coercion by others.

2. It is necessary to distinguish the boundary between the crime of bigamy and temporary concubinage. Concubinage refers to a man and a woman temporarily living together in the name of husband and wife without marriage, and does not constitute the crime of bigamy.

On January 27, 1958, the Supreme People's Court pointed out in the Reply to the Question of How to Determine the Conduct of Bigamy: "If two persons live together, but it is obvious that they are only in a temporary congenital relationship, and they treat each other as 'concubines' and can freely withdraw at any time, or terminate the concubinage relationship after the expiration of the agreed period, it can only be regarded as simple illegal cohabitation and cannot be regarded as bigamy." ”

3. Distinguish the boundary between crime and non-crime from whether the circumstances are serious. In practice, the circumstances and harms of bigamy are classified as minor and severe.

According to Article 13, "where the circumstances are obviously minor and the harm is not great, it is not considered a crime." Therefore, the act of bigamy does not necessarily constitute the crime of bigamy. Only bigamy where the circumstances are more serious and the harm is greater can constitute a crime.

Ways to prove the crime of bigamy:

1. Legal marriages with marriage certificates, marriage registration, birth certificates of children born to others, etc., can be used as direct evidence.

2. Evidence of cohabitation in the name of husband and wife without a marriage certificate:

1) Proof of the people in the vicinity of the place of residence where the other party and others live in the name of husband and wife, i.e., the witness testimonies of the dissipation of the Zen.

2) A letter of guarantee, confession, etc.

3) Proof issued by the neighborhood committee and village committee that the other party is living in the name of husband and wife with others.

Criminal Law of the People's Republic of China

Article 258.

Whoever has a spouse and marries another person while knowing that he or she has a spouse shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.

, documentary evidence. Any use of words, symbols, or pictures to express a person's thoughts on a certain object, the content of which can prove part or all of the facts to be proved, is called documentary evidence.

Evidence. Any part or all of the facts to be proved by the appearance, characteristics, and quality of the article are called physical evidence.

Audiovisual materials. Any evidence that uses images and sounds reflected in video or audio tapes, or materials stored in computers to prove the facts to be proved, is called audio-visual materials.

Witness testimony. Where a person other than a litigation participant knows the relevant circumstances of the case, the people's court shall summon them to make a statement in court, or submit a written statement to the people's court, which is called witness testimony.

Statements of the parties. The narrative of the facts of the case made by the parties to the people's court in the litigation is called the party statement.

Appraisal conclusions. When a people's court hears a civil case, it designates a person with specialized knowledge to conduct an appraisal on certain specialized issues, so as to make a scientific analysis and put forward a conclusive opinion, which is called an appraisal conclusion.

Inquest transcript. In order to ascertain the facts of the case, the adjudicators of the people's courts shall personally conduct an investigation and inspection of the scene or items related to the dispute, take photographs and measurements, and make a record of the circumstances and results of the inquest, which is called an inquest record. According to the provisions of the Civil Procedure Law, there are the following types of evidence in civil proceedings.

By the nature of the lawsuit, this is not a big difference.

Article 63 of the Civil Procedure Law of the People's Republic of China includes:

1) Statements of the parties;

2) documentary evidence; 3) physical evidence;

4) audio-visual materials;

e) electronic data;

6) witness testimony;

7) Appraisal opinions;

8) Inquest records.

Evidence must be verified to be true before it can be used as a basis for determining facts.

1. Legal marriage with a marriage certificate. Multiple marriage certificates of the reported person, or the marriage certificate of the reported person, and the birth certificate of the child born to the reported person and other people, etc.; 2. Cohabiting in the name of husband and wife without obtaining a marriage certificate. In such cases, the specific evidence that can be collected includes:

Witness testimony of relevant organs, neighbors, and friends in the vicinity of the defendant's residence, a letter of guarantee and confession from one of the parties to the extramarital affair, and a video of both parties entering and leaving the extramarital affair together**, etc.

How should the crime of bigamy be proved, what evidence needs to be collected, and how to determine whether the crime of bigamy is constituted, the previous marriage of the parties must be legal, plus the required evidence mentioned above. Specifically, it is as follows: (1) How to collect evidence for the crime of bigamyAfter determining what evidence is needed for bigamy, it is possible to selectively collect evidence of the other party's bigamy.

Hello! The definition of the crime of bigamy refers to the criminal act of one of the legal spouses falsifying identity information to deceive the bigamist partner and the marriage registration authority into registering the marriage again, or marrying the other party knowing that the other party is bigamy. The crime of bigamy is a criminal act, but it is a criminal private prosecution case

"The crime of bigamy is the act of marrying another person with a spouse or marrying another person knowing that he has a spouse. Relevant Judicial Interpretations: On December 14, 1994, the Supreme People's Court pointed out in the relevant judicial interpretations:

A person who has a spouse living together with another person in the name of husband and wife shall still be punished as the crime of bigamy. ”

First of all, according to the provisions of China's Criminal Law, there are two circumstances that constitute the crime of bigamy: one is that there is a spouse and bigamy or another person is married knowing that he has a spouse, in this case, the marriage certificate of the bigamy parties and the registration record of the marriage registration authority can be used as direct evidence; The other is that they have not received a marriage certificate, but live in the name of husband and wife, they can use witness testimony, **, video recordings, screenshots of chat records of both parties, etc. as evidence. The types of evidence currently provided for in China's Criminal Procedure Law include: physical evidence, documentary evidence, witness testimony, victim statements, confessions and justifications of criminal suspects and defendants, appraisal opinions, audio-visual materials, electronic data, and so forth.

No matter what kind of evidence it is, as long as it can prove the fact of bigamy by the other party and it was not obtained by illegal means, it can be submitted to the people's court.

Criminal Law of the People's Republic of China

Article 258: [Crime of Bigamy] Whoever has a spouse and bigamy, 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.

Criminal Procedure Law of the People's Republic of China

Article 50: Materials that may be used to prove the facts of a 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.