Is this a fraudulent marriage? What should we do?

Infinite sympathy.

Poor and lovely peasant! Alas......(I'm also a farmer, so I don't mean to be sarcastic about farmers) This thing is not easy to do, so go to consult a lawyer first.

The peasants have a way of solving things, find a few respectable villagers who can talk to each other in both aspects, and negotiate with the woman to see if they can get some dowry back.

There is a great possibility that you will suffer a dumb loss, and this can only be done.

Beauty, is it still there? My family is in a similar situation to yours, can you leave your QQ, I'll add you. My case.

I went to a law firm for a consultation. There should be a good way. I hope you can find a good way to solve it.

There is no crime of marriage fraud in the Criminal Code. In the case of fraudulent marriage, the parties to the marriage may dissolve the marriage by agreement, or the defrauded party may file a divorce lawsuit with the people's court. If there is a fraudulent marriage to pay for property, the act of fraudulently obtaining property by fraud constitutes the crime of fraud.

[The law is based on the evidence].Article 266 of the Criminal Law.

where the amount is relatively large, the sentence is up to three years imprisonment, short-term detention or controlled release, and/or a fine of Wu Chanjin is to be given; 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 is the act of defrauding others of money using marriage as bait. Marriage fraud is often targeted at young and middle-aged people or divorcees who have difficulty choosing a mate, defrauding victims of money under the guise of marriage, and then breaking up or seeking an opportunity to flee on the grounds of emotional discord.

Legal basis

Article 1042 of the Civil Code prohibits arranged marriages, buying and selling marriages and other acts that interfere with the freedom of marriage. It is forbidden to solicit money or property under the pretext of marriage. Bigamy is prohibited.

It is forbidden for a spouse to cohabit with another person. Domestic violence is prohibited. Abuse and abandonment between family members are prohibited.

According to the terms of the law that I understand, if a person knows that he has a mental illness before getting married, but does not tell him about her spouse, then it is a fraudulent marriage. According to Article 11 of the Marriage Law, marriage shall be voluntary, and it is forbidden for either party to forcibly marry by means of arrangement, intimidation, deception, etc.

On the issue of divorce, according to Article 32 of the Marriage Law, if one of the spouses falls under any of the following circumstances, the other party may file a divorce lawsuit with the people's court:

1) Bigamy or cohabitation of a person with a spouse;

2) There is a domestic violence sentence in the town;

3) Those who have bad habits such as gambling or drug abuse that cannot be changed;

4) Suffering from a disease that is medically deemed unfit for marriage.

Therefore, if a person discovers that his spouse has a serious mental illness after marriage, he or she can choose to file a divorce lawsuit with the people's court. However, if the person knew that he had a mental illness before getting married, but did not tell his spouse, then his spouse could legally seek compensation and other remedies.

In conclusion, mental illness is not an option for a person, but if a person knows that he or she has a mental illness before getting married, but does not tell him about her spouse, then it is a fraudulent marriage. As for the issue of divorce, if I were deceived by the other party, I might choose to divorce.

In general, the most common marriage fraud refers to the fact that a man and a woman defraud one party of money when determining the marriage relationship, and the parties who encounter this situation should report to the public security organ as soon as possible, and if the amount involved in the marriage fraud reaches 3,000 yuan, the public security organ will immediately file a case for investigation. If the amount of money obtained by marriage fraud is too large, it will involve the crime of fraud, and will be sentenced to imprisonment for up to three years, criminal detention or public surveillance, and the parties who encounter marriage fraud can also file a lawsuit for divorce in the people's court.

Article 266 of the Criminal Law of the People's Republic of China provides that 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 is to be given. Where this Law provides otherwise, follow those provisions.

Legal sub-division of the analysis: in general, the most common marriage fraud refers to the fact that a man and a woman defraud one party of money when determining the marriage relationship, and the parties in this case should report to the public security organ as soon as possible, and if the amount involved in the marriage fraud reaches 3,000 yuan, the public security organ will immediately file a case for investigation. If the amount of money obtained by marriage fraud is too large, it will involve the crime of fraud, and will be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Legal basis: Article 266 of the Criminal Law of the People's Republic of China: 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 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 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.

1.Those who have been deceived into marriage can directly sue the court for divorce.

2.Criminal remedies may also be sought.

1) If the case is reported to the public security organ, and the public security organ finds that there are criminal facts after accepting the materials, and the amount of fraud is more than 2,000 yuan, the case shall be filed for investigation.

2) The victim of bigamy may directly file a private criminal prosecution with the people's court. Where the victim reports the case to the public security organs, the public security organs shall file and investigate the case in accordance with law, and the people's procuratorate shall initiate a public prosecution in accordance with law.

1. Does a victim of bigamy need to file a complaint when suing the court?

Yes, it is necessary to eliminate the crime of absenteeism and the victim of the crime of absenteeism can directly file a private criminal prosecution with the people's court. Where the victim reports the case to the public security organs, the public security organs shall file and investigate the case in accordance with law, and the people's procuratorate shall initiate a public prosecution in accordance with law.

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. According to the provisions of the current law in our country, victims of bigamy cases can obtain redress through two judicial channels:

1. Directly file a private prosecution with the people's court or file a complaint with the public security organ, requesting that the bigamy person be investigated for criminal responsibility;

2. File a divorce lawsuit and attach a claim for civil compensation. Because the object of the direct infringement of bigamy is the victim's family and marital relationship, China's defense law provides that bigamy cases can first be treated as private prosecution cases, and the victim directly initiates a private prosecution with the people's court.

Bigamy cases are self-inflicted cases, and the parties can go directly to the court to file a lawsuit. However, bigamy cases are not criminal cases that are handled only after complaint, and if the victim does not have a private criminal prosecution, the procuratorate may initiate a public prosecution after a criminal investigation by the public security organs. However, in judicial practice, the crime of bigamy is generally ignored, and most of the victims of bigamy cases choose to remain silent because of the criminals who rely on bigamy in their economic life or because of their own weakness, so that the perpetrators cannot be punished by law.

Only where the circumstances are relatively serious and the impact is very bad, and the victim does not prosecute, but the people, social groups, or relevant departments submit an accusation, the people's procuratorate will review it, and then file a lawsuit with the court, and pursue the legal responsibility of the offender.

2. But is the police who have already made a record still a case?

The police made a record and did not file a case. Because the report record is a procedure before the case is filed, it is not yet a formal case filing. According to the provisions of China's law, the public security organs will review the situation reported by the informant in accordance with the law, and will only file a case if it meets the criteria for filing a criminal case.

According to article 109 of the Criminal Procedure Law, when a public security organ or people's procuratorate discovers the facts of a crime or a criminal suspect, it shall file a case for investigation in accordance with the scope of its jurisdiction.

Article 110 stipulates that 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.

There is no provision in the law for fraudulent marriage, and a marriage concluded due to fraud is also a valid marriage and is protected by law, but if the relationship between the two parties is broken down, they can sue the court for divorce.

In another circumstance, if one party wants to illegally occupy other people's property, conceal the truth, obtain property by fraud under the pretext of marriage, and then flee with the money, and the amount is relatively large, it is suspected of the crime of fraud.

Cheating on marriage is illegal depending on what the purpose of marriage is, whether it is marriage or money! If there is deception for the purpose of marriage, this is not an invalid and voidable marriage, and there is no question of illegality.

China's "Marriage Law" stipulates that the fraudulent acquisition of property through marriage exceeds the scope of obtaining property through marriage, and may be dealt with as a fraud according to the specific circumstances under criminal law.

According to the provisions of Article 10 of the Marriage Law of our country, bigamy, relatives who are prohibited from marrying, who suffer from diseases that are medically considered unsuitable for marriage before marriage, who have not yet reached the legal age of marriage, and whose marriage is not yet a marriage, is an invalid marriage. In the current Marriage Law and its judicial interpretations, the marriage between the deceived and the deceived is not an invalid marriage.

Article 11 of the Marriage Law and Article 10 of the Interpretation (1) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulate the revocable system of coerced marriages. The so-called coerced marriage refers to a situation in which the perpetrator forces the other party to marry against his or her true will by threatening to cause damage to the life, physical health, reputation, property, or other aspects of the other party or his close relatives. The parties to the marriage relationship of the coerced party may apply to the marriage registration authority or the people's court for annulment of the marriage within one year from the date of marriage registration.

Obviously, fraudulent marriages are also not voidable marriages under the Marriage Act.

It can be seen that, according to the current Marriage Law and relevant judicial interpretations, fraudulent marriage is neither an invalid marriage under the Marriage Law nor a voidable marriage under the Marriage Law, so it can only be a legal marriage under the Marriage Law. However, this characterization is counterintuitive.

Marriage is happy, and each of us wants to have a happy marriage. But in the pursuit of a happy marriage, various unexpected factors can cause your marriage to become unhappy and blessed. ......For example, if you find out that the other party has a serious mental illness after getting married, you will bring serious harm to yourself.

Whether this situation is a fraudulent marriage and how to deal with it needs to be considered on a case-by-case basis. ......Specifically, it includes three situations: if the other party does not know that he has mental illness in advance, it is not considered a fraudulent marriage, if the other party knows that he has a mental illness, it is a fraudulent marriage, and he can choose to divorce after discovering that the other party has a mental illness.

1. If the other party does not know in advance that he has a mental illness, it is not a fraudulent marriage.

The article on the establishment of the fraudulent marriage was not judged, and it was a knowingly committed. ......Therefore, if the other party does not know that he has a mental illness in advance, it is not a fraudulent marriage. ......However, if the other party does not go for a marriage examination before getting married, he will not be able to discover his mental illness in time, and the other party is also at fault at this time, and he also needs to bear the corresponding responsibility.

2. The other party chooses to marry even though he knows that he has mental illness, which is an act of cheating marriage.

If the other party knows that he has a mental illness, but conceals the situation and marries him, such an act is a knowingly committed crime and is an act of cheating on marriage. ......At this time, the other party is obviously at fault and needs to bear the corresponding responsibility. ......As for how to hold the other party accountable, it needs to be implemented in accordance with laws and regulations.

3. If you find out that the other party has a mental illness, you can choose to divorce.

When you find out that the other party has a mental illness after getting married, you can choose to divorce. ......This is the right that you enjoy in accordance with laws and regulations, and you can certainly make choices and protect your rights in accordance with laws and regulations. ......Moreover, if it is discovered that the other party has a mental illness, the relationship between the two parties will be seriously affected, which itself has met the relevant regulations, and you can file for divorce on this ground.