I am a woman, I have committed bigamy, how can I sentence the child when he is only one year old

Even if bigamy with another person constitutes the crime of bigamy, and there are children, the sentence is imprisonment for not more than two years or criminal detention. That is, whether there are children or not, the sentencing for the crime of bigamy does not matter much. There are several main types of bigamy:

1. Registering a marriage with a spouse and registering a marriage with another person and bigamy, that is, bigamy between two legal relationships. 2. Registering a marriage with the original spouse, and living together as husband and wife without registering with another person and bigamy, this is a de facto marriage after a legal marriage. 3. Bigamy with neither the spouse nor the other person who has registered the marriage, but the cohabitation with the spouse and the other person at the same time as husband and wife is bigamy, that is, the bigamy of two de facto marriages.

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. 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. Legal basis:

Article 45 of the Marriage Law of the People's Republic of China provides that where bigamy constitutes a crime, criminal responsibility shall be pursued in accordance with law. Article 258 of the Criminal Law of the People's Republic of China provides that whoever has a spouse and marries a person, or clearly knows that another person has a spouse and marries him, shall be sentenced to fixed-term imprisonment of not more than 2 years or short-term detention.

Article 258 of the Criminal Law provides 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 short-term detention.

The court will decide based on your actual situation.

I am a woman, I have committed bigamy, how can I sentence the child when he is only one year old

Legally, the presence or absence of children has no effect on the conviction and sentencing of the crime of bigamy. With or without Sensensitivity, the criminal law period for the crime of bigamy should be the same. Bigamy poses a threat to the personal rights of the injured party and should be held criminally responsible.

At the same time, bigamy harms the marital and family rights and interests of the innocent party and should be pursued for civil liability. I hope mine can be helpful to you, thank you for your advice, thank you,.

[Legal Analysis].

Whoever commits the crime of bigamy shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention. Pregnant women may be given a suspended sentence if they meet the requirements that the circumstances of the crime are relatively minor, they show remorse, there is no risk of recidivism, and the suspended sentence does not have a major negative impact on the community in which they live.

Legal basis:

Criminal Law of the People's Republic of China

Article 72: Suspended sentences may be announced for criminals sentenced to short-term detention or up to three years imprisonment if the following conditions are met at the same time, and suspended sentences shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75:

1) The circumstances of the crime are relatively minor;

2) Expressions of remorse;

3) There is no risk of recidivism;

4) The probation is declared to have no significant adverse impact on the community in which the person resides.

The announcement of a suspended sentence may be based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, or contacting specific persons during the probationary period of the suspended sentence.

If a criminal who has been given a suspended sentence is sentenced to a supplementary sentence, the additional sentence must still be enforced.

Article 258: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.

Even if bigamy with another person constitutes the offence of bigamy and the child is born, it can be punishable by imprisonment or detention for up to two years. In other words, it doesn't matter if the child is sentenced to bigamy or not. Those who have registered their marriage with their former spouse, or those who have not registered their marriage, cohabit and remarry as husband and wife.

This is a legal marriage after a de facto marriage.

1. How to sentence the crime of bigamy if you have children.

1. Even if bigamy with another person constitutes the crime of bigamy and has children, it can be sentenced to imprisonment or detention for up to two years.

2. Where a spouse remarries or marries knowing that another person has a spouse, he shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.

2. What is the time limit for prosecuting the crime of bigamy?

1) Where the legally-prescribed maximum sentence is less than 5 years imprisonment, 5 years have elapsed;

2) Where the legally-prescribed maximum sentence is between 5 and 10 years imprisonment, 10 years have passed;

3) Where the legally-prescribed maximum sentence is 10 years or more imprisonment, 15 years have elapsed;

4) Where the statutory maximum sentence is life imprisonment or death, 20 years have elapsed. If it is found necessary to prosecute after 20 years, it must be reported to the Supreme People's Procuratorate for approval.

3. How to compensate for the crime of bigamy.

1. There is no uniform provision in the law, and in general, an additional sentence of 300 is imposed

5000 yuan, and the more serious point can be 5000

10,000 yuan, generally not more than 50,000 yuan. There are two types of compensation for bigamy: material damages and moral damages.

2. Compensation for material damages includes: direct material damages such as the cost of collecting evidence of the other party's bigamy, prosecution fees, attorney's fees, and so on. If one of the spouses marries another person during the marriage, it will constitute the crime of bigamy.

According to the regulations, those who commit the crime of bigamy must not only be punished criminally, but also pay civil compensation to the other party.

Legal basis:

Article 1042 of the Civil Code investigates criminal liability for bigamy as a crime.

Article 258 of the Criminal Law: Where a spouse remarries or marries knowing that another person has a spouse, a sentence of up to two years imprisonment or short-term detention is to be given.

Legal Analysis: First of all, a person who commits the crime of bigamy shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. Secondly, with regard to the ownership of custody of the children, the court will consider the specific circumstances such as the beneficial growth of the children, the protection of the legitimate rights and interests of the children, and the actual ability and conditions of both parents to raise the children.

If the child is breastfeeding, the mother is usually raised, but if the woman is serving her sentence in prison, the father needs to be raised.

Legal basis: Article 1084 of the Civil Code of the People's Republic of China The relationship between parents and children shall not be extinguished by the divorce of parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children. In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child.

Where children have reached the age of 8, their true wishes shall be respected.

If one party commits the crime of bigamy, resulting in a divorce between the husband and wife, the court will consider the custody of the child from the specific circumstances such as conducive to the healthy growth of the children, protecting the lawful rights and interests of the children, and taking into account the actual raising capacity and conditions of both parents.

1. Is it okay to have child custody in a divorce with kidney disease?

You can get custody of your child back. After the divorce, the custody of the children of the husband and wife can be decided through negotiation, and each of them fulfills its own obligations to protect the legitimate rights and interests of the children. If a mutual agreement cannot be reached, a lawsuit may be filed with the court, and the court will make a proper ruling based on the principle of being more conducive to the healthy growth of the child and whether both parents have good support ability and conditions.

In principle, children under the age of two live with their mothers, and minor children over the age of 10 should take into account the opinions of the children themselves. In addition, the law gives preference to the spouse who has been sterilized or otherwise unable to have children.

2. What should I do if the divorced woman does not have custody?

In the event of a divorce, even if neither party wants a child, they still have the obligation to support the child, in which case they can apply to the court for a judgment on the custody of the child. In the event that both parties cannot reach an agreement not to bury the child, the child under the age of two shall be raised directly by the mother. For children who have reached the age of two, regardless of whether the parties are fighting for custody of the children, the court must consider the circumstances of both parties to see which party the children live with is more conducive to the physical and mental health of the children and is conducive to protecting the legitimate rights and interests of the children.

The court will consider who to give the child custody to from the perspective of being conducive to the child's growth, taking into account the specific circumstances of both parents, such as the parents' ability to raise them, and taking into account factors such as the economic conditions, character, education, occupation, and environment in which the child lives.

3. What are the prerequisites for handling child custody disputes?

The premise of suing for custody is that the parties are divorced.

1. You can sue for divorce and claim custody of the child, but in the end, whether the court will award the child to you depends on which of you raising the child is more conducive to the healthy growth of the child.

The general principle of the court's handling of the case is to proceed from the interests of the children's physical and mental health and the protection of the children's legitimate rights and interests, and to properly handle the matter in light of the specific circumstances such as the ability of both parents to raise their children and the conditions for raising them.

2. Before filing a lawsuit, the two parties will make some concessions in terms of property in order to raise the children.