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What you say is not called bigamy, you can first understand "heavy.""The meaning of the word. That is to say, if there is no divorce after the first marriage, it is called bigamy to marry again through illegal means. This is what you call "illegal cohabitation".
The crime of unlawful cohabitation is not as serious as the crime of bigamy, that is, the sentence is not as serious as bigamy. It is best to seek out a professional lawyer to see how to solve the problem. There should be a lawyer to help you online.
I wish you a speedy escape from the sea of suffering. I want to open a point.
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Personally, I understand that bigamy is at least to get married twice.
Illegal cohabitation does not mean that the offence is considered by the individual to be an act of non-legal protection.
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Your dad did commit bigamy and accompanied your mom to the local law firm.
A lawyer will tell you how to do it.
Don't worry about what the law is a must-have for everyone**.
I want to file a lawsuit in court against your dad and miss.
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Already have children.
Children are the best evidence of their illegal cohabitation.
If you want to sue, you still have to hire a lawyer.
And you can ask what other evidence is needed.
For example, there is evidence that he has been living in the woman's house.
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Bigamy means having a spouse or marrying the other person knowing that he or she has a spouse.
You can see if they are registered, and if not, you can also go to the place where he lives now to find out if they are living together as husband and wife.
However, it is best to ask a lawyer to investigate.
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If you sue your dad and go to jail, it's best to threaten him to make a will and transfer all the property to your name, so as not to let that wild woman get cheap.
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Tell your mom to sue him in court!
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Legal Analysis: If a person has a spouse but marries another person, or marries another person knowing that he or she has a spouse, it can be judged as 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.
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Summary. The crime of bigamy refers to the fact that a person with a spouse registers his marriage with another person, lives with another person in the name of husband and wife, or marries another person knowing that he or she has a spouse.
Dear, Huji, I'm glad to answer for you The crime of bigamy refers to the fact that a person who has a pair of trousers and a husband and wife registers his marriage with another person, lives with another person in the name of husband and wife, or marries another person knowing that he or she has a spouse.
Analysis of the law: Whoever commits the crime of bigamy shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention in accordance with the provisions of the Criminal Law. However, if the person is unknowingly married to a person who has a spouse, the uninformed person does not constitute the crime of bigamy.
If bigamy leads to divorce, the innocent party has the right to claim damages, and the party at fault shall bear civil liability.
Legal basis: Article 258 of the Criminal Law of the People's Republic of China provides that a person who has a spouse and marries a person who is in hiding, or who marries a person who clearly knows that another person has a spouse, shall be sentenced to up to two years imprisonment or short-term detention.
Dear, if you don't know anything, you can consult me at any time, as long as you need it, I am always there
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Summary. Pro-<>
Bigamy includes the following situations: 1. Registered marriage with one's spouse and regalia with another person and bigamy, that is, bigamy of two legal marriages. 2. Registering a marriage with the original spouse, and living together as a husband and wife without registering with another person and bigamy, this is a de facto marriage type after a legal marriage.
3. Bigamy with neither the spouse nor the other person who has not registered the marriage, but the cohabitation with the spouse and the other person in succession or at the same time as husband and wife is bigamy, that is, the bigamy of two de facto marriages. 4. Living together as husband and wife without registering with the original spouse, and then marrying another person and bigamy, this is the legal marriage type after the de facto marriage. 5. There is no spouse, but the other party knows that the other party has a spouse and has a registered marriage or cohabitation as husband and wife and bigamy.
How to determine the crime of bigamy.
Hello dear <>, I will answer this question for you, how to determine that it is the crime of bigamy: to determine bigamy, the key is to see whether Zeran constitutes another husband and wife. According to the relevant judicial interpretations, there are two types of bigamy:
The first is legal bigamy, which refers to the registration of marriage between a person with a spouse and another person; The second is de facto bigamy, in which a person with a spouse lives together with another person in the name of husband and wife.
Article 258 of the Criminal Law of the People's Republic of China stipulates that a person who commits the crime of bigamy refers to bigamy while having a spouse, or marrying another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Bigamy <> includes the following situations: 1. Registering a marriage with one's spouse and registering a marriage with another person and bigamy, that is, bigamy between two legal marriages. 2. Honghu sedan car registered marriage with the original spouse, and bigamy with others without registration and cohabitation as husband and wife, this is the legal marriage first and then the de facto marriage.
3. Bigamy with neither the spouse nor the other person who has not registered the marriage, but the cohabitation with the spouse and the other person in succession or at the same time as husband and wife is bigamy, that is, the bigamy of two de facto marriages. 4. Living together as husband and wife without registering with the original spouse, and then marrying another person and bigamy, this is the legal marriage type after the de facto marriage. 5. There is no spouse, but the other party knows that the other party has a spouse and has a registered marriage or cohabitation with a presumptuous husband and wife relationship and bigamy.
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If the following elements are met at the same time, it can be found to be the crime of bigamy:
1) Subject matter elements.
The object of the offence is monogamous marriage.
2) Objective elements.
The objective aspect of this crime is that the perpetrator must have bigamy. That is, if a person who has a spouse marries another person, or marries another person knowing that he has a spouse, he commits the crime of bigamy.
3) Subject Elements.
The subject of this crime is a general subject, one is a person who has a spouse and establishes a marriage relationship with another person during the existence of the marital relationship; The second is a person who does not have a spouse and marries the other party knowing that the other party has a spouse.
4) Subjective elements.
The offence is subjectively manifested in direct intent, i.e. knowingly marrying another person knowing that he or she has a spouse or knowingly marrying another person with the knowledge that he has a spouse.
[Legal basis].
Article 258 of the Criminal Law of the People's Republic of China: Whoever has a spouse and marries a person who marries another person knowing that he has a spouse shall be sentenced to up to two years imprisonment or short-term detention.
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Determination of the crime of bigamy: a person who has a spouse and is married to another person; A person who has no spouse but marries another person knowing that he or she has a spouse; A person who has a spouse and is living together as husband and wife without registration with another person; Those who live together as husband and wife without registering with their former spouse, and later register their marriage with another person.
Legal analysisTo constitute bigamy, two elements must be met: 1. One or both parties have a valid marital relationship. This is a prerequisite for bigamy.
If there is no marital relationship between the parties, the person is unmarried, divorced or widowed, and does not constitute bigamy. 2. Although the marriage has not been registered, but living together with another person as husband and wife, this is a de facto bigamy. In real life, it is basically de facto bigamy as the main manifestation of bigamy.
The offence of bigamy is objectively manifested in the fact that the perpetrator must have the act of bigamy. That is, a person who has a spouse marries another person, or marries another person knowing that another person has a spouse, shall be guilty of bigamy and shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. Therefore, if one party has bigamy, he or she can report the case to the public security organ or file a private prosecution case with the court.
[Legal basis].Article 258 of the Criminal Law of the People's Republic of China: Whoever has a spouse and marries a person who marries another person knowing that he has a spouse shall be sentenced to up to two years imprisonment or short-term detention.
The law clearly stipulates that bigamy with a spouse constitutes the crime of bigamy and is punishable by fixed-term imprisonment of not more than two years or criminal detention. In addition, according to the relevant judicial interpretations, a person with a spouse who lives together with another person in the name of husband and wife shall be convicted and punished as the crime of bigamy. >>>More
The offence of bigamy requires the following evidence:
1. Legal marriage with a marriage certificate: This situation is relatively simple, and the evidence required includes direct evidence such as marriage registration or forged marriage certificate, birth certificate of a child born to another person, etc. >>>More
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." >>>More
China's marriage law stipulates that China implements a monogamous marriage system, and if the system is violated, it will constitute bigamy, and bigamy is a criminal act, which will constitute the crime of bigamy, and criminal responsibility must be borne, so how to judge the crime of bigamy? The following is an answer to the relevant knowledge for the reader. >>>More
There are two forms of bigamy: one is a legal marriage in which a marriage certificate is obtained; One is a marriage in which a husband and wife live together without a marriage certificate. Therefore, there are two specific points for what evidence is needed for bigamy: >>>More