The most effective evidence for the crime of bigamy

There are two forms of bigamy: one is a legal marriage in which a marriage certificate is obtained; One is a marriage in which a husband and wife live together without a marriage certificate. Therefore, there are two specific points for what evidence is needed for bigamy:

1. Legal marriage with a marriage certificate violates Article 258 of the Criminal Law: "A person who 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." "To constitute bigamy, the evidence required is:

Direct evidence such as marriage registration or forgery of marriage certificates, birth certificates of children born to others, etc.

2. Cohabitation in the name of husband and wife without obtaining a marriage certificate: Since there is no direct evidence like the previous situation, it is more troublesome to collect evidence, according to article 63 of the Civil Procedure Law, the evidence includes: (1) the statements of the parties; (2) documentary evidence; (3) Physical evidence; (4) audio-visual materials; (5) 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.

Therefore, the specific evidence that can be collected includes: the witness testimony of friends, the letter of guarantee and confession of one party to the extramarital affair, etc., the ** video of both parties entering and leaving the extramarital affair together, and the intimate text messages between the two parties.

When collecting evidence for the crime of bigamy, pay attention to the following:

1. Don't easily startle the snake, and visit the place where they live and live.

2. Be sure to have a good relationship with the people around the bigamist's place of life.

3. Persuade insiders to testify.

4. Call the police, please investigate.

5. Collect evidence by legal means.

Legal Analysis: The marriage certificate of the husband and wife and the file records of the marriage registration authority are both valid evidence of the crime of bigamy.

Legal basis: 1. Article 258 of the Criminal Law of the People's Republic of China, for the crime of bigamy, a person who marries another person while having a 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 short-term detention.

2. Article 50 of the Criminal Law of the People's Republic of China provides that materials that may be used to prove the facts of a case are all evidence.

Evidence includes: (shout to take one) physical evidence; (2) documentary evidence; (3) Witness testimony; (Four defeats) 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 as true before it can be used as the basis for a verdict.

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

1. The previous marriage of 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.

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

Bigamy is defined in Article 10 of the Marriage Law of the People's Republic of China as "invalid marriage". The legal consequences of the invalidity of the marriage relationship, although the laws and regulations of various countries in the world are different today, are inseparable from the two punishment methods of criminal liability and civil liability for bigamy.

Legal analysisThe crime of bigamy requires the collection of evidence such as the person's marriage certificate and the marriage certificate of the bigamy partner and the other person, and the act of having a spouse marrying another person or marrying another person knowing that another person has a spouse is found to be the crime of bigamy. At the same time, intimate text messages, WeChat records, and emails of both parties to an extramarital affair are all strong evidence to prove the crime of bigamy. Methods of Collecting Evidence:

1) Call the police, please ** investigate. (2) Go to the marriage registry office to check the marital 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.

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.

Legal basisCriminal Law of the People's Republic of China: Article 258: 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.

The most effective evidence for the crime of bigamy is documentary evidence, physical evidence and audio-visual materials.

Evidence that can prove the crime of bigamy:

1. Documentary evidence, including mobile phone text messages between spouses and third parties involved in ambiguous sexual relationships; A letter proving that the spouse is having an extramarital affair;

2. Physical evidence, including private belongings given to the spouse by a third party, such as mobile phones, clothing, etc.; Keys to a third party's residence, etc., kept by the spouse;

3. Audio-visual materials, including videos of spouses and third parties entering and exiting pairs, etc.;

4. Witness testimony.

The crime of bigamy refers to the crime constituted by the perpetrator violating the relevant provisions of the Criminal Law of the People's Republic of China by marrying another person when he has a lawful spouse or marrying another person knowing that he or she has a spouse.

There are two types of persons involved in the crime of bigamy: one is the bigamist, that is, a person who already has a spouse and has not dissolved the marriage relationship, and is married to another person. The term "having a spouse" means that a man has a wife and a woman has a husband, and the relationship between husband and wife is in existence.

This type of conjugal relationship includes both a conjugal relationship formed through a legally registered marriage and a de facto conjugal relationship. The second is the person who marries the other party, that is, the person who knows that the other party has a spouse and marries him. As far as the latter subject is concerned, there is no "bigamy" in the juxtaposition, but from the perspective of the bigamy relationship as a whole, this kind of subject is still a party to bigamy, and it is exactly the same as the bigamist's behavior in nature, so China's criminal law clearly stipulates that this kind of subject constitutes the crime of bigamy.

Legal basis

Article 258 of the Criminal Law of the People's Republic of China: Whoever commits bigamy while having a 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 short-term detention. Article 50: Materials that may be used to prove the facts of a case are all evidence.

The evidence includes the following:

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.

1. What is the most effective evidence for the crime of bigamy?

1. The effective evidence to prove the crime of bigamy is as follows: Qingzao.

1) If one party goes through the marriage registration separately for the marriage certificate obtained by the spouse and a third party, he or she may apply to the court for obtaining the marriage registration information of the Civil Affairs Bureau;

2) The birth certificate of the child born to the spouse and a third party, as well as the cohabitation of the parties, the husband signs and accompanies the husband when the woman is sick, and the man signs in the hospital in the name of the father when the woman gives birth to the child;

3) Witness testimony from relatives and friends;

4) Intimate ** and intimate video of the extramarital affair duo.

2. Legal basis: Article 258 of the Criminal Law of the People's Republic of China.

Whoever marries another person while having a spouse, or marries another person 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.

2. What are the constitutive elements of the crime of bigamy?

1. Object element: The object violated by the crime of bigamy is a monogamous marital relationship;

2. Objective elements: The crime of bigamy is objectively manifested in the fact that the perpetrator must have bigamy;

3. Subject Elements: The subject of the crime of bigamy is a general subject, first, a person who has a spouse and establishes a marital relationship with another person during the existence of the marital relationship, and second, a person who does not have a spouse and marries the other party knowing that the other party has a spouse;

4. Subjective element: The crime of bigamy is manifested in the subjective aspect as direct intent, that is, the balance is to marry another person knowing that he has a spouse or intentionally marrying another person while knowing that he has a spouse.