Is the crime of bigamy necessarily a private prosecution case, and is the crime of bigamy a private

The crime of bigamy is a case where public prosecution and private prosecution intersect, and it can be both private and public prosecution. The Criminal Law of the People's Republic of China stipulates: "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."

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 crime of bigamy is both a private prosecution case and can also be converted into a public prosecution case (only if the victim does not complain to the procuratorate if other citizens complain to the procuratorate, it can be converted into a public prosecution case). According to judicial practice, in recent years, many victims of bigamy cases often do not dare to prosecute because they rely on bigamy criminals for their economic life, or they withdraw their cases or "settle" after being prosecuted by the other party's sweet words or coercion and intimidation, resulting in some criminals going unpunished and evading legal punishment.

Therefore, the judicial organs have made supplementary provisions: In cases of bigamy, the victim generally prosecutes 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 organizations or relevant departments file an accusation, the people's procuratorate shall examine 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.

Legal basis: Article 1 of the "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" The private prosecution cases directly accepted by the people's courts include: (1) Cases handled only after complaint:

1. Cases of insult or defamation (as provided for in article 246 of the Criminal Law, except where social order and national interests are seriously endangered); 2. Cases of violent interference with the freedom of marriage (as provided for in the first paragraph of Criminal Law article 257); 3. Cases of abuse (as provided for in the first paragraph of Criminal Law article 260); 4. Cases of embezzlement (as provided for in article 270 of the Criminal Law). (2) Minor criminal cases in which the People's Procuratorate has not initiated a public prosecution and the victim has evidence to prove it: 1. Cases of intentional injury (as provided for in the first paragraph of Criminal Law article 234); 2. Cases of illegal trespass into a dwelling (as provided for in Article 245 of the Criminal Law); 3. Cases of infringement of freedom of communication (as provided for in Article 252 of the Criminal Law); 4. Bigamy cases (as provided for in Article 258 of the Criminal Law); 5. Cases of abandonment (as provided for in article 261 of the Criminal Law);

The crime of bigamy is a "minor criminal case for which the victim has evidence", that is, an optional private prosecution case, not a private prosecution case in the full sense. In other words, bigamy cases are generally prosecuted by the victim, and if the circumstances are relatively serious and the impact is very bad, even if the victim does not prosecute, the people, social organizations, or relevant departments may file an accusation, thus turning it into a public prosecution case.

Legal Analysis: 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.

In the design of China's private prosecution system, the crime of bigamy belongs to "a minor criminal case with evidence to be proved by the victim", that is, an optional private prosecution case, not a private prosecution case in the full sense. The status of the victim is closer to that of the accuser of the public prosecution than to the private prosecutor in the true sense of the word, and the case may be transformed into a public prosecution case at any time. Therefore, the victim does not have the right to freely choose the defendant, cannot settle on his own, and cannot withdraw the lawsuit on his own.

To sum up, the crime of bigamy is not only a private prosecution case, but also a public prosecution case that can be transformed into a public prosecution case. According to judicial practice, in recent years, many victims of bigamy cases often do not dare to prosecute because they rely on bigamy criminals in their economic life, or they withdraw their lawsuits or "settle" after being prosecuted by the other party's sweet words or coercion and intimidation, resulting in some criminals going unpunished and evading legal punishment. Accordingly, the judiciary has made additional provisions:

If the circumstances are relatively serious and the impact is very bad, even if the victim does not prosecute, but the people, social organizations, 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.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 204: Private prosecution cases include the following cases: (1) Cases handled only after complaint, 2) Minor criminal cases where the victim has evidence to prove that the defendant should be pursued for criminal responsibility in accordance with law for the defendant's conduct violating his or her personal or property rights, but the public security organs or people's procuratorates do not pursue the defendant's criminal responsibility.

The crime of bigamy does not have to be a private prosecution case, but can also be a public prosecution case. When the victim of bigamy does not report and the situation is serious, other citizens may file a complaint with the procuratorate, at which point the case will be transferred to a public prosecution, and the procuratorate will file a lawsuit in the people's court.

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.

1. How many years is the sentence for bigamy.

The sentence for bigamy is as follows:

1. Whoever has a spouse and marries another person, or clearly knows that another person has a spouse and marries him, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention;

2. Whoever clearly knows that he is the spouse of a serviceman on active duty and cohabits or marries with him shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention.

The crime of bigamy is both a private prosecution and a public prosecution case. Victims of bigamy cases may directly file a private prosecution with the people's court if there is evidence to prove it. Where the evidence is insufficient, the people's court shall transfer it to the public security organs for filing and investigation, and the victim may also make an accusation to the public security organs, and then the people's procuratorate will initiate a public prosecution.

2. How should one party be sentenced for bigamy if he has children?

The crime of bigamy is "not suing and ignoring", that is, unless the parties file a lawsuit with the court, the court will generally not take the initiative to accept it. Whoever has a spouse who has socks 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. 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 violation of the criminal law to marry another person who knows that he has a spouse. In other words, for those third parties who are willing to have extramarital affairs, they may also violate the criminal law and be subject to criminal punishment.

3. Is raising a junior a bigamy a crime?

The crime of bigamy is to live with the mistress in the name of husband and wife, and the crime of living with someone in the name of husband and wife at zero time does not belong to the crime of bigamy, if it is only quietly and secretly, it does not constitute this crime.

According to the provisions of the Criminal Law of the People's Republic of China, 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 criminal 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.

In other words, for those third parties who are willing to have extramarital affairs, they may also violate the criminal law and be subject to criminal punishment.

Article 258 of the Criminal Law.

Whoever has a spouse and bigamy, or clearly knows that another person has a spouse and marries another person in a lenient manner, shall be sentenced to up to two years imprisonment or short-term detention.

The crime of bigamy is a private prosecution case. The Criminal Procedure Law stipulates that private prosecution cases include the following cases: (1) the case of a case in which the complaint is made is false; (2) Minor criminal cases where there is evidence on the victim's side; (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.

Legal basis: Article 258 of the Criminal Law Whoever commits bigamy with a spouse, or marries another person knowing that he has a spouse, is sentenced to up to two years imprisonment or short-term detention.

Hello, you can also prosecute or privately prosecute.

Private prosecution (if the Public Prosecutor's Office does not file a bigamy case).

Interpretation of the Supreme People's Court on Several Issues Concerning the Enforcement of the Criminal Procedure Law of the People's Republic of China4. Bigamy cases (as provided for in Article 258 of the Criminal Law); Therefore, a case of bigamy may be prosecuted by the victim or prosecuted by the people's procuratorate.

At present, the general practice of the courts is that if the private prosecutor has evidence to prove the fact of bigamy, the court will directly file the case according to the private prosecution. If the private prosecutor's evidence is insufficient, the court will not file a private prosecution case. The victim requests the public security organ to investigate, and then the procuratorate initiates a public prosecution.

Private criminal prosecution is the symmetry of public prosecution, which refers to the criminal proceedings directly initiated by the victim, the victim's close relatives or his statutory ** person to the people's court for a case provided for by law.

The question of whether the crime of bigamy is a private prosecution case:

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. Victims of bigamy cases may directly initiate a private prosecution with the people's court if they have evidence to prove it; Where the evidence is insufficient, the people's court shall transfer it to the public security organs for filing and investigation, and the victim may also make an accusation to the public security organs, and then the people's procuratorate will initiate a public prosecution.