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Marriage fraud is suspected of the crime of fraud, which belongs to the category of criminal cases, and should be reported to the public security organ for investigation. If you only want to recover the property loss, you can also file a civil lawsuit with the court to request the return of the property.
The crime of marriage fraud is 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. The subject of the crime of fraud is an ordinary subject, and all natural persons who have reached the age of criminal responsibility and have the capacity for criminal responsibility constitute the subject of this crime.
Article 10 of the Marriage Law stipulates that a marriage shall be invalid under any of the following circumstances: 1. bigamy; 2. There is a family relationship that prohibits marriage and marries; 3. Suffering from a medical illness that is considered unsuitable for marriage before marriage, and not yet after marriage; 4. Those who have not reached the legal age for marriage. These are the circumstances in which a marriage is clearly null and void.
Fraudulent marriages do not fall under the category of nullity.
The crime of fraud refers to the act of fraudulently obtaining a relatively large amount of public or private property for the purpose of illegal possession, by fabricating facts or concealing the truth.
In order to establish the crime of fraud, there must be an intention to illegally occupy property on the subjective side, and a method of fabricating facts or concealing the truth on the objective side to cause the other party to have a misunderstanding and dispose of the property.
To accurately grasp and handle cases of marriage fraud, and to distinguish between immoral marriage and marriage fraud crimes, we can understand and judge from the following aspects:
First, from the perspective of the time when the criminal intent arises, the criminal intent of the crime of defrauding money by marriage often arises before the marriage relationship is established, and having the criminal intent to illegally take possession of other people's money and property is an important constitutive element in determining the crime of marital fraud.
Second, in terms of objective behavior, the method of fabricating facts and concealing the truth was adopted to deceive the victim's trust. After obtaining the property by deception, the perpetrator uses the property for personal squandering. In order to cover up the fact of fraud and gain the trust of the victim more, the perpetrator will sometimes spend a small amount of the defrauded money on the victim, but the money is still under the personal control and control of the perpetrator in essence.
Third, from the perspective of the ownership of the property obtained by fraud, the property obtained by fraud is the property of one party before marriage or the property of other persons who have a relationship with the victim, and does not belong to the joint property of both "husband and wife" after the marriage relationship is established.
Fourth, after the case is discovered, with reference to the attitude of the victim, the judicial organ may consider whether it is necessary to prosecute the crime, so as to achieve the unity of the legal system and the social effect.
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The crime of bigamy is not established because you two did not get a license, and she is only guilty of bigamy if she does not divorce and then she gets a certificate with you. The crime of theft is convicted but the amount of money is too small, and it takes more than 1,000 to be sentenced. So you may have to consider yourself unlucky.
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You can report the case to the women's federation and the police station. You and she are in a common-law relationship, and she does not constitute the crime of bigamy. The crime of theft must have sufficient evidence and a certain amount of money before it can be prosecuted, otherwise it will not be accepted.
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Methods of extramarital intelligence cases: Under normal circumstances, the parties can report the case to the police officer on duty in accordance with the law, or directly call or go to the local police station to report the case. However, the public security organs will not accept reports of extramarital affairs, and will only mediate, and if mediation fails, they will be notified to prosecute and deal with it, and the parties need to file a lawsuit with the court in accordance with the law to claim relevant rights.
Article 20 of the Police Law of the People's Republic of China: People's police must do the following: (1) Enforce the law impartially and act fairly; (2) Exemplary observance of social morality; (3) Be polite to others and perform duties in a civilized manner; (4) Respect the customs and habits of the people. Article 20: People's police encountering violations of citizens' personal or property safety or other situations of distress shall immediately provide assistance; Assistance shall be given to citizens who request the resolution of disputes; Citizens' reports shall be promptly investigated and dealt with.
People's police shall actively participate in emergency rescue and disaster relief and public interest work.
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