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According to article 258 of the Criminal Law of the People's Republic of China, 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 in existence 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. 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 2 years or short-term 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. The crime of bigamy can be either a private prosecution case or a public prosecution case, and only when the victim does not tell the victim that other citizens file a complaint with the procuratorate will it be converted into a public prosecution case.
Therefore, the crime of bigamy can be reported to the police. Legal basis: Article 258 of the Criminal Law of the People's Republic of China provides 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 2 years or short-term detention.
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The crime of bigamy is a private prosecution case, and the victim does not need to report the case, and the victim can directly file a lawsuit with the local people's court.
Interpretation of the Supreme People's Court on Several Issues Concerning the Enforcement of the Criminal Procedure Law of the People's Republic of China: Article 1: Private criminal prosecution cases refer to minor criminal cases that are handled only after complaint as provided for in the Criminal Law and other minor criminal cases that do not need to be investigated and are directly accepted by the people's courts.
Article 2: People's courts accept the following private criminal prosecution cases:
4) Criminal Law article 180 for the crime of bigamy, except where the people's procuratorate initiates a public prosecution.
In cases of bigamy, the victim is generally prosecuted privately, and if the circumstances are relatively serious and the impact is very bad, even if the victim does not prosecute, but the people, social groups, or relevant departments file an accusation, the people's procuratorate shall review and decide whether the crime of bigamy is constituted. If it is necessary to pursue criminal responsibility, a public prosecution shall be instituted in the people's court.
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A case will be filed. There are two ways to prosecute the crime of bigamy:
1. The public security organ conducts an investigation on the basis of a report, report or other clues, or the court or procuratorate discovers that there is a suspicion of bigamy and transfers it to the public security organ for investigation, and after the investigation is concluded, the procuratorate initiates a public prosecution and the people's court will try it.
2. If the spouse discovers that the other party has committed bigamy, he or she may report the case to the public security organ and request the public security organ to file a case for investigation; The victim may also collect evidence on his or her own and file a lawsuit directly with the people's court.
If you file a lawsuit directly, you need to bear the burden of proof, which is difficult. In order to constitute the offence of bigamy, it is necessary to live openly and openly as husband and wife.
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If you have already divorced her, you have no right to sue her.
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The key is to have evidence that he is already married.
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Now that you are divorced, it is useless for you to sue her, and she is not guilty of bigamy.
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Legal Analysis: Yes. The crime of bigamy is a case of Feng Chi's criminal private prosecution, which can be directly sued by the court or reported to the police station.
Whoever has a spouse and marries another person knowing that he has a spouse shall be sentenced to fixed-term imprisonment of not more than 2 years or short-term detention. "Having a spouse" refers to a man who has a wife and a woman who has a husband, and the relationship between husband and wife is still subsisting without being dissolved through legal procedures.
Legal basis: "Criminal Changji Collision 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 to talk to, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.
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Analysis of the Legal Bureau: The crime of bigamy is a public prosecution crime, not a private prosecution case, and you can go to the police station to report the case, and the police station can accept it.
Basis of the Law: Article 258 of the Criminal Law of the People's Republic of China Whoever has a spouse and 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.
Article 210 of the Criminal Procedure Law of the People's Republic of China: Private prosecution cases include the following cases: (1) Cases handled only after complaint; (2) Cases in which the victim has evidence to prove a micro-criminal case; (3) Cases where the victim has evidence showing that the defendant's conduct violating their own rights in person or property shall be pursued for criminal responsibility in accordance with law, but the public security organs or people's procuratorate do not pursue the defendant's criminal responsibility.
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Legal Analysis: The crime of bigamy is a public prosecution case, and the police station must perform its duties. Whoever marries another person with a spouse or marries another person knowing that he has a spouse shall be sentenced to fixed-term imprisonment of not more than two feet per year or short-term detention.
Legal basis: Article 258 of the Criminal Law of the People's Republic of China Article 258 A person who 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.
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The crime of bigamy may be reported to the case-handling organs. Bigamy cases are private prosecution cases, and the victim may directly file a criminal private prosecution with the people's court. They may also report to the case-handling organs, which are to initiate a public prosecution.
You can only choose one or the other. 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 criminal detention. Article 1, Paragraph 1, Item 4 of the "Interpretation of the Supreme People's Court on the Application of the Criminal Procedure >Law on Criminal Trials and Punishments" stipulates that private prosecution cases directly accepted by the people's courts include minor criminal cases that the people's procuratorate has not initiated a public prosecution and the victim has evidence to prove them, including bigamy cases.
Code of Criminal Procedure
Article 110.
Any unit or individual who discovers the facts of a crime or a criminal suspect has the right and obligation to report or report the case to the public security organs, people's procuratorates, or people's courts.
Public security organs, people's procuratorates, or people's courts shall accept reports, accusations, or reports. Where it is not within their own jurisdiction, it shall be transferred to the competent organs for handling, and the informant, accuser, or informant shall be notified;
Where emergency measures must be taken that are not within their jurisdiction, they shall first take emergency measures and then transfer them to the competent organs.
Where the offender voluntarily surrenders to the public security organs, people's procuratorates, or people's courts, the provisions of paragraph 3 apply.
The offence of bigamy requires the following evidence:
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Ask someone to follow up and investigate and collect evidence.
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