Does this count as a cheating marriage? What should I do? Can you report the crime?

Find a lawyer and ask him to help you analyze it. First of all, do you have feelings for such a man, if not, I think you can definitely win this lawsuit! Divorce is okay, but property is yours.

You have to think about the ins and outs of the matter carefully, preferably in detail, so that they don't mess with your initial thoughts. Be sure to hurry up and handle it. I was furious when I saw it.

It is advisable to consult a professional lawyer.

There is no such thing as fraudulent marriage in the current law of our country, and there is also no legal provision on fraudulent marriage.

Although the marriage was registered by fraud, according to the Marriage Law and its relevant provisions, this situation is in fact a valid marriage and is protected by law. However, there are two ways to divorce, one is to divorce by agreement. The second is litigation divorce.

If you want to file for divorce, you need to have evidence of the other party's fraudulent marriage, and you can collect evidence from the following aspects:

1) In terms of time, the subjective intention of defrauding money by taking advantage of marriage occurred before marriage. Such evidence includes: written evidence formed during acquaintance or marriage, electronic evidence such as email, WeChat records, etc.

2) In terms of conduct, methods of fabricating facts and concealing the truth were adopted to deceive the victim's trust. After obtaining the property by deception, the perpetrator uses the property for personal squandering. Such evidence includes: physical evidence such as property obtained by fraud, witness testimony, etc.

3) In terms of the ownership of money and property obtained by fraud, the property obtained by fraud is the property of one party before marriage or the property of another person who has a relationship with the victim, and is not the joint property of both "husband and wife" after the marriage relationship is established.

Due to the current laws in our country, there is no crime of "marriage fraud". Therefore, there is no charge of marriage fraud. However, if one party, for the purpose of illegally taking possession of other people's property, uses marriage as bait, conceals the truth, defrauds property under the pretense of marriage, and absconds with money afterwards, and the amount is relatively large, it is suspected of the crime of fraud, and the public security organ will investigate and collect evidence, and pursue the legal responsibility of the relevant personnel.

To constitute the crime of fraud, it is generally up to three years of fixed-term detention, criminal detention or controlled release, and the punishment is as follows according to the amount and circumstances:

Article 266 of the Criminal Law stipulates that whoever defrauds public or private property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.

Marriage fraud shall be reported to the public security organs, and responsibility shall be pursued in accordance with law.

Marriage fraud, abbreviated as marriage fraud, is the use of marriage as bait to defraud money, commonly known as "pigeon release" is the most common form of marriage fraud. Marriage fraud has evolved into a new type of fraud that uses real identities and documents to legally register marriages, and this is also the most difficult to combat.

Fictitious facts in criminal law refer to fabricating facts that do not exist to deceive others into trusting, which can be all or part of the facts. Concealment of the truth means concealing an objective fact that, if known to others, would not have given the property to the criminal.

The Supreme People's Court and Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud (effective April 8, 2011) provides: Where public or private property is defrauded with a value of 3,000 to 10,000 RMB, 30,000 to 100,000 RMB, or 500,000 RMB, it shall be respectively found to be a "relatively large amount", "a huge amount", or "an especially huge amount" as provided for in article 266 of the Criminal Law.

Article 266 of the Criminal Law stipulates: Whoever defrauds public or private property, and the amount is relatively large, is to be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.

According to what you said, I don't think it constitutes a fraudulent marriage, the public security organs will not file a case, and if the marriage has been registered, your father can sue for divorce.

There are generally two types of fraudulent marriages.

1: Fraudulent marriage for affection, i.e., a fake marriage that is only moral and does not involve money.

2: Fraudulent marriage suspected of defrauding property.

The option of fraudulent marriage is to sue for divorce if the marriage between the fraudulent person and the deceived person is not an invalid marriage and is not a voidable marriage.

If one party uses marriage as bait to defraud the other party's property, as I said in the second case, it is suspected of constituting the crime of fraud, and if this happens, it is recommended to report to the police in time.

According to Article 1079 of the Civil Code, if one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.

Here's the legal basis.

Article 1079 of the Civil Code.

Where one of the spouses requests a divorce, the relevant organizations may conduct mediation or directly file a divorce lawsuit with the people's court.

Lao Lai is a scumbag who cheats money to live a life, and relies on marriage introduction and marriage fraud to defraud women of money.

After the victim encounters a situation of marriage fraud, he or she shall report the case to the public security organs, and pursue responsibility in accordance with law. Marriage fraud, which is commonly known as marriage fraud, refers to the act of defrauding others of a relatively large amount of property by fabricating facts or concealing the truth for the purpose of soliciting property through marriage, and constitutes a crime.

Article 266 of the Criminal Law.

where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount involved is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment and a concurrent fine is to be given; Where the amount of digital tremors is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.

Legal analysis: Marriage fraud should be reported to the public security organs, and responsibility should be pursued in accordance with the law. Marriage fraud is commonly known as marriage fraud, which is an act of defrauding others of a large amount of property by fabricating facts or concealing the truth for the purpose of soliciting property through marriage, and constituting a crime.

Legal basis: Article 110 of the Criminal Procedure Law of the People's Republic of China: 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. Victims have the right to report or make accusations to the public security organs, people's procuratorates, or people's courts against the facts of the crime or the criminal suspects who violated their rights to the person's body or property.

Public security organs, people's procuratorates, or people's courts shall accept reports, accusations, or reports. where it is not within its own jurisdiction, it shall be transferred to the competent organs for handling; and notify the informant, accuser, and informant; 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.