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1. You have received a marriage certificate and are a legal husband and wife, and you have no evidence to prove that she was a fraudulent marriage. Now that your wife has run away, you can only go to her. You can also sue for divorce in court if you wish.
You may not get back the money you spent, but can you get back the money you spent for your wife?
2. Of course, if you can find her and get evidence of her cheating marriage (if she has also been married to other men many times, or has accomplices, etc.), then it should be a cheating marriage, which is a fraud, and you can report it to the public security organs.
Therefore, it is imperative for you to investigate her situation, find out her relatives and friends, and look for evidence of her cheating marriage.
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According to the legal procedures, you are not protected by the law, and the de facto marriage does not exist, even cohabitation is not counted, only in customs and etiquette, so many things you can only admit unlucky, however, these given to the woman in cash can be recovered, but there are also more than two people to prove, and the money for medical treatment can also be recovered. This shouldn't be a cheating marriage, because it was also your party who proposed marriage in the past, so it can only be regarded as a moral escape. I sympathize with you, but you're also a little too confused, maybe that's how you do it in your hometown!
Now I can only try my best to recover it, and as for the judicial process, it is more troublesome! There is not a lot of money, but you can report the case to scare it, and then assist you in finding the party!
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The specific nature of suspected fraud depends on the specific circumstances of the case.
It is recommended to call the police in time.
If you can still find the other party, she is willing to marry you, but she can't get married because of her health and age, the possibility of fraud is not very likely.
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Suspected of constituting the crime of fraud.
The crime of fraud (Article 266 of the Criminal Law) refers to the act of defrauding a relatively large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession.
Call the police.
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The dowry should be returned, and the exclusive gift must not be returned.
**Fees can be refunded by the parties.
That's usually it. If there is sufficient evidence to prove that the party is aware that he or she is under the legal age for marriage and tries to illegally take possession of property by means of marriage, the party is suspected of fraud. Of course, generally speaking, it doesn't get to this extent.
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Whether it is a fraudulent marriage or not still needs to be determined, but you can go to the woman's house and ask for money.
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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 person in charge of 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 fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Criminal Law of the People's Republic of China" Article 266: Where public or private property is defrauded, and the amount of money 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 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.
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Legal analysis: In general, the most common marriage fraud refers to the fact that men and women defraud one party of money when determining the marital relationship, and the parties who encounter this situation should report to the public security organs as soon as possible, and if the amount involved in the fraudulent marriage reaches 3,000 yuan, the public security organs 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, and the parties who encounter marriage fraud can also file a lawsuit for divorce in the people's court.
Legal basis
Criminal Law of the People's Republic of China》 Article 266: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 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 years or more imprisonment or life 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.
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1. What should I do if I encounter a cheating marriage?
Those who have been deceived into marriage can directly sue the court for divorce.
As can be seen from article 32 of the Marriage Act, the criterion for breakdown of feelings is the only criterion for granting a divorce. In the case of marriage fraud, the deceiver aims to defraud money, and although there is no relationship breakdown, there is no relationship with the deceived person at all.
According to article 32 of the Marriage Law of the People's Republic of China, the condition for the people's court to grant a divorce to the parties is that if the relationship between the husband and wife has indeed broken down, the divorce will be granted only after mediation fails.
2. How to get the bride price back if you are deceived into marriage?
The extortion of property under the pretext of marriage is a prohibition under the Marriage Law, and the property belonging to oneself can be taken back in accordance with the law of the bride price, and the person who has been deceived into marriage may sue to get back the property belonging to oneself.
Article 10 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates the system of returning the bride price paid in accordance with custom under the following circumstances:
1. The parties have not gone through the marriage registration formalities;
2. The two parties have gone through the marriage formalities but do not live together;
3. The payment is made before marriage and causes the payor to have difficulties in life.
The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.
3. What are the forms of fraudulent marriage?
1. Male cheating marriage. It usually takes the form of a fake marriage with a wealthy woman, and a large amount of financial compensation after the divorce. "Fake divorce" with his ex-wife, once the marriage with a third party is successful, he will remarry after the divorce after obtaining economic wealth;
Marry an elderly and wealthy woman, and after the death of the woman, obtain the legal inheritance of a huge amount of property.
2. Women cheat on marriage.
1) Remarrying another man after a fake divorce in order to obtain property by fraud;
2) Remarrying with other men for the purpose of fraudulently obtaining birth permits;
3) Taking advantage of the man's pathological and confused mind, after marriage, to deceive the other party into transferring property or embezzling the other party's property;
4) Taking advantage of the unfilial piety of children to make the elderly remarry and obtain property by fraud.
If the deceived person requests the return of the property, the bride price paid in accordance with custom shall be returned in accordance with the provisions of Article 10 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China
1. The parties have not gone through the marriage registration formalities;
2. The two parties have gone through the marriage formalities but do not live together;
3. The payment is made before marriage and causes the payor to have difficulties in life.
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. At present, China's "Marriage Law" has no clear legal provisions on the illegal acts of defrauding others of property in the form of legal marriage, which makes many lawbreakers take advantage of the loopholes of the law to defraud others of their property in the form of legal marriage.
If you encounter a cheating marriage in your life, don't worry too much at this time, you should take measures to deal with it in time to see if you can get back a little loss. In this case, it is recommended that the parties file a lawsuit with the court as soon as possible, and of course, they can also report to the police. If necessary, you can entrust our lawyer 365** professional lawyers to provide you with legal help.
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The Civil Code provides that certain acts of deception can annul marriages. If one party suffers from a serious illness, the other party shall be truthfully informed before the marriage is registered; If the other party does not tell the truth, the other party may request the people's court to annul the marriage. A request for annulment of marriage shall be made within one year from the date on which the reasons for revocation are known or should have been known.
Article 1053 of the Civil Code [Voidable Marriage for Concealment of Illness] If one party suffers from a major illness, the other party shall be truthfully informed before the marriage is registered; If the other party does not tell the truth, the other party may request the people's court to annul the marriage.
A request for annulment of marriage shall be made within one year from the date on which the reasons for revocation are known or should have been known.
Article 1054: [Legal Consequences of Nullity and Annulment of Marriage] An invalid or annulled marriage is not legally binding from the beginning, and the parties do not have the rights and obligations of husband and wife. Property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If an agreement is not reached, the people's court shall make a judgment on the basis of the principle of taking care of the innocent party. The disposition of property in an invalid marriage resulting from bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage.
The provisions of this Law on parents and children shall apply to children born to the parties.
If the marriage is invalid or annulled, the innocent party has the right to claim damages.
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Taking advantage of the psychology of older young people who are anxious to get married, defrauding them of bride price, borrowing money, etc., and then leaving, this is a marriage fraud, and criminal responsibility must be investigated in accordance with the law for fraud that uses marriage as a lure.
Call the police immediately.
The defrauded money is also returned.
If it is found, it will be lost and lost.
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1. If the amount of fraud is more than 3,000 yuan, it is suspected of the crime of fraud, and a case shall be filed for investigation, and a public prosecution shall be initiated, and a sentence of fixed-term imprisonment shall be imposed. If there is no suspicion of fraud, a warning can be dealt with, and the parties can annul the marriage. 2. On the basis of 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 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.
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Legal analysis: Marriage fraud is the act of using marriage as bait to defraud money, or using deception to conclude marriage, commonly known as "releasing pigeons" is the most common form of marriage fraud. Our law stipulates that a marriage contracted by fraud is an irrevocable marriage.
One party deliberately conceals and deceives the other party to detrimental marital circumstances, debt disputes, sexual orientation, family circumstances, marital history, physical defects or diseases, etc. On January 19, 2020, the Ministry of Civil Affairs said, "Once the situation of 'fake marriage', 'fraudulent marriage', 'bigamy' and other situations is verified, it will be included in the blacklist of dishonesty."
1. Those suspected of fraud will be punished in accordance with the provisions of the Criminal Law on fraud.
2. Based on the characterization that fraudulent marriage is a legal marriage, it can only be dealt with within the framework of the current Marriage Law and its judicial release and release, and can only be handled through divorce.
Legal basis: Article 200 of the Criminal Law of the People's Republic of China Fraud of public or private property, where the amount is relatively large, is to be sentenced to up to three years imprisonment, 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. Where this Law provides otherwise, follow those provisions.
Article 1052 of the Civil Code of the People's Republic of China Where marriage is entered into due to coercion, the coerced party may request the people's court to annul the marriage.
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Legal analysis: You can file a lawsuit for divorce with the court, and if the other party's behavior is suspected of fraud and constitutes a crime, you can report the case to investigate its criminal responsibility.
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 involved 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, the sentence is to be 10 or more years imprisonment or life imprisonment for the dregs, and a concurrent fine or failure to collect property. Where this Law provides otherwise, follow those provisions.
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