Is it a crime of bigamy if one party is married and has children after illegal cohabitation?

If you are not married or live together as husband and wife, you are only living together illegally, and even having children does not constitute bigamy.

The crime of bigamy refers to the act of marrying another person with a spouse or knowing that another person has a spouse. It has two aspects; The first is "marrying another person while having a spouse", which refers to a person who is already married and marries another person during the existence of the marital relationship; The second is "marrying another person knowing that he or she has a spouse", which refers to a person who does not have a spouse and marries another person knowing that he or she has a spouse. In the second case, the person must be "knowingly" to avoid the crime.

The determination of the crime of bigamy must first determine whether it is bigamy, and the key to determining bigamy is whether it constitutes another husband and wife relationship. According to the relevant judicial interpretations, there are two types of bigamy: one is legal bigamy (known as "legal marriage" in legal theory), which refers to the registration of marriage between a person with a spouse and another person, and the registration of marriage with a marriage registration authority.

The second is de facto bigamy (known as a "de facto marriage" in legal theory), in which a person with a spouse lives with another person in the name of husband and wife.

Depending on the different attitudes towards cohabitation according to the law, cohabitation can be divided into three main categories:

1.General cohabitation refers to the cohabitation of unmarried men and women.

2.Illegal cohabitation refers to the state in which one or both parties are married and live together with the opposite sex outside of marriage without living together in the name of husband and wife.

3.Bigamy and cohabitation refers to the state in which both a man and a woman or one of them are married and cohabit with a person of the opposite sex outside of marriage in the name of husband and wife.

Whether or not they are guilty of bigamy depends on whether they cohabit as husband and wife.

If you are satisfied with my answer, you can continue to ask me if you are not satisfied.

100% bigamy. Dare to pack them up!!

You yourself said that illegal cohabitation, and being married, is the crime of bigamy

Legal analysis: If a person cohabits with a person and has children, if he has a spouse or knows that the other party has a spouse and cohabits with him, it constitutes the crime of bigamy.

Legal basis: Article 258 of the Criminal Law of the People's Republic of China: Whoever has a spouse and marries him, 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.

Cohabitation with a person and having children does not necessarily constitute the offence of bigamy. If you live externally in the name of husband and wife, or if you have applied for a marriage certificate with a cohabitant, it is a crime of bigamy. 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.

Legal basisArticle 258 of the Criminal Law of the People's Republic of China.

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.

Article 1 of the Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of the People's Republic of China provides that private prosecution cases directly accepted by the people's courts include:

2) Minor criminal cases where the people's procuratorate has not initiated a public prosecution and the victim has evidence to prove it:

4. Bigamy.

Where the victim directly files a lawsuit with the people's court, the people's court shall accept it in accordance with law. Where the evidence is insufficient and can be accepted by the public security organs, or where it is found that the defendant might be sentenced to three years imprisonment or more, the victim shall be informed to report the case to the public security organs, or transfer it to the public security organs for filing and investigation.

Summary. Illegal cohabitation refers to a man and a woman living together, but they are neither married, nor do they appear as husband and wife to the outside world, and others do not consider them husband and wife, and the man and woman do not constitute a de facto marital relationship. However, once a man and a woman living together illegally as husband and wife are considered to be husband and wife, if one or both of them are married, then the illegal cohabitation constitutes de facto bigamy.

Illegal cohabitation refers to a man and a woman living together, but they are neither married, nor do they appear as husband and wife to the outside world, and others do not consider them husband and wife, and the man and woman do not constitute a de facto marital relationship. However, once a man and a woman living together illegally as husband and wife are considered to be husband and wife, if one or both of them are married, then the illegal cohabitation constitutes de facto bigamy.

Hello. My husband has a woman outside and has a baby.

Are they bigamy in this way?

If you don't get a license, if you don't tell the public that they're husband and wife, or if everyone else thinks they're husband and wife, it doesn't count.

It constitutes a crime, although a marriage certificate has not been obtained, but a de facto marriage has been formed, so it constitutes the crime of bigamy.

You are in a de facto marriage, which is the crime of bigamy.

Bigamy is to register the marriage with two people at the same time, so it does not constitute bigamy.

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. 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.

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.

It doesn't matter if you're not married, if you're married, it's bigamy. The same applies to the other spouse with whom you are cohabiting.