What evidence is needed to sue the other party for bigamy?

There are two forms of post-marriage for the crime of bigamy, one is a legal marriage with a marriage certificate, and the other is a marriage without a marriage certificate in which the husband and wife live together in the name of husband and wife. Therefore, there are two specific scores for what evidence is needed for bigamy: 1. Legal marriage with a marriage certificate:

In this case, it is relatively simple, and the evidence required is direct evidence such as marriage registration or forged marriage certificates, birth certificates of children born to others, 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

Witness testimony of friends, letters of guarantee and confession of one party to the extramarital affair, video recordings of both parties to the extramarital affair entering and leaving together, intimate text messages sent by both parties, and other evidence are acceptable. Legal basis: Article 258 of the Criminal Law of the People's Republic of China provides that whoever has a spouse and marries a person, or clearly knows that another person has a spouse and marries him, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.

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. The so-called marriage with another person includes a marriage registered by law and a de facto marriage without marriage registration but living together as husband and wife, commonly known as concubinage. 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 party has a spouse;

The crime of bigamy is a "non-prosecution and ignorance", that is, the party (victim) wants to file a criminal private prosecution with the court, and the court will not take the initiative to accept it under normal circumstances, and it is not a public prosecution case filed and investigated by the public security organs;

It is necessary for the parties (victims) to collect evidence on their own and submit it to the court

Marriage certificates obtained by the victim and suspect;

Marriage certificate obtained by the suspect and the other person;

Evidence of the existence of a de facto marriage (cohabitation in the name of husband and wife) between the suspect and others: witness testimony of friends and neighbors, letters of guarantee and confession of one party to the extramarital affair, ** video of both parties entering and leaving the extramarital affair together, intimate text messages sent by both parties, etc.

Article 258 of the Criminal Law of the People's Republic of China stipulates: "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 criminal detention." ”

The evidence for the crime of bigamy is mainly evidence to prove that the other party lives together in the name of husband and wife, such as a letter of guarantee, a love letter, a purchase contract of the other party's cohabitation house, a property right certificate, a lease contract, **, audio and video recordings, witness testimony between relatives and friends, colleagues and neighbors of the other party, etc.

First, if the man is prosecuted for bigamy, it is important to prove that he cohabited with a third party in the name of husband and wife, rather than illegal cohabitation; Second, if a third party is prosecuted for bigamy, there must be evidence to prove that the third party married another person knowing that he was married. The evidence is rather difficult to find.

In order to recognize the crime of bigamy in criminal law, the following two conditions must first be met:

A pre-marriage for the crime of bigamy is a legal marriage. That is, the former marriage of the crime of bigamy is a marriage that has gone through legal marriage registration procedures and obtained a marriage certificate. However, in some areas, de facto marriages without a marriage certificate are also recognized.

The subsequent marriage of the crime of bigamy can be either a legal marriage or a legally recognized de facto marriage. One is bigamy with a marriage certificate, and the other is bigamy with a de facto marriage in the name of husband and wife.

Therefore, there are two specific points for what evidence is needed for bigamy:

Legal marriage with a marriage certificate: This situation is relatively simple, and the evidence required is such as marriage registration or forged marriage certificate, birth certificate of a child born to another person, etc.

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 entering and leaving the extramarital affair together, etc., the intimate text messages sent by both parties, and other evidence.

It needs to be discussed on a case-by-case basis.

1. If the marriage certificate has already been obtained, the required evidence includes direct evidence such as marriage registration or forged marriage certificate, birth certificate of a child born with 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 entering and leaving the extramarital affair together, etc., the intimate text messages sent by both parties and other evidence.

It is advisable to appoint a lawyer to collect it for you.

The first type of evidence is that if the marriage certificate has been obtained, the evidence required is direct evidence such as the marriage registration of the other party or the forgery of the marriage certificate, the birth certificate of the child born with another person, etc. Second, 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 is:

Witness testimony of friends, letters of guarantee and confession of one party to the extramarital affair, ** video of both parties entering and leaving the extramarital affair together, intimate text messages sent by both parties, and other evidence.

There are two types of bigamy, which are as follows:

If it is a legal marriage that has already received a marriage certificate, it is only necessary to provide direct evidence such as marriage registration or forged marriage certificate and birth certificate of a child born to another person.

If you only live together in the name of husband and wife and have not received a marriage certificate, this kind of marriage is not recognized in law, and cannot be protected by law, because there is no direct evidence, it is more troublesome to collect, and the specific evidence that can be collected is: the witness testimony of friends, the guarantee of one party to the extramarital affair, the confession, etc., the ** video of the two parties entering and leaving the extramarital affair together, etc., the intimate text messages sent by both parties and other evidence can be.

A marriage certificate and other proof of marital status issued by the Ministry of Civil Affairs are required to prosecute the crime of bigamy.

The sub-provisions of the Criminal Law stipulate that a person who has a spouse and marries him/her, 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 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 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 party has a spouse; Such an act is an act of intentional destruction of another person's marriage.

Extended Content:

1. Registered marriage with spouse and regalia with another person and bigamy, that is, bigamy of two legal marriages. A person with a spouse registers his marriage with another person, a bigamist deceives the marriage registration authority to obtain a marriage certificate, and a bigamist colludes with the staff of the registration authority to cheat on each other to obtain a marriage certificate;

2. Registering a marriage with the original spouse, and living together as husband and wife without registration with another person and bigamy, this is a de facto marriage type after a legal marriage;

3. There is no spouse, but the other party knows that the other party has a spouse and has a registered marriage or cohabitation as husband and wife and bigamy.

Legal marriage to obtain a marriage certificate: The required evidence includes direct evidence such as marriage registration or forged marriage certificate, birth certificate of a child born to another person, etc.

If you live together in the name of husband and wife without obtaining a marriage certificate: the specific evidence that can be collected is the witness testimony of friends, the guarantee of one party to the extramarital affair, the confession, etc., the ** video of the two parties in the extramarital affair entering and leaving together, etc., and the intimate text messages sent by both parties, etc.

Guangdong lawyer Hu:

To sue your father for bigamy, you need to have evidence that he and another woman live together in the name of husband and wife, such as the testimony of neighbors, the statements of both parties claiming to be husband and wife, and the evidence of the loss of the book.

That aunt may also be constituted, but it depends on the evidence on your side.

Generally speaking, the cohabitation relationship of Min Cong is not a "bigamy chair god sin".