How can a husband and wife commit bigamy?

The crime of bigamy, in simple terms, is divided into two types, the first is to marry another person while having a spouse or to marry another person knowing that he or she has a spouse.

1. Legal provisions.

According to the judicial interpretation, there are two types of bigamy: one is legal bigamy (known as "legal marriage" in legal theory), which refers to the registration of marriage between a person with a spouse and another person, and the registration of marriage with a marriage registration authority. The second is de facto bigamy (known as a "de facto marriage" in legal theory), in which a person with a spouse lives with another person in the name of husband and wife.

II. Constituent Elements.

1. The object of infringement is the monogamous system stipulated in the Marriage Law of our country.

2. Objectively, it is manifested that the perpetrator must have bigamy, that is, a person who has a spouse marries another person, or marries another person knowing that he has a spouse. In practice, there are two types of bigamy: one is a de jure marriage and the other is a de facto marriage.

3. The main body 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 husband and wife relationship, and the other is a person who does not have a spouse and marries him knowing that the other party has a spouse.

4. The subjective aspect is direct intention. Bigamy is constituted if one of the spouses conceals the truth and deceived, so that the spouse without a spouse is deceived into marrying him, or if he or she is not married, but knows that the other person is married, but still marries another person. If a person marries another person without a spouse, although he or she is married for the first time, because he knows that the other person has a spouse and marries him, he violates monogamy and becomes an accomplice to the crime of bigamy.

3. Criminal penalties.

According to Article 258 of the Criminal Law of the People's Republic of China, a person who 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 criminal detention.

If one party then marries another person, it constitutes the offence of bigamy.

If both husband and wife have committed the crime of bigamy, the marriage may be dissolved by divorce by mutual agreement or divorce by litigation. The parties may voluntarily register for divorce or dissolve the marriage through litigation after the execution of the sentence, or during the course of the proceedings.

[Legal basis].

Article 258 of the Criminal Law of the People's Republic of China.

Whoever has a spouse and marries another person while knowing that he or she has a spouse shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.

Article 1076 of the Civil Code.

Where the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079.

Where one of the spouses requests a divorce, the relevant organizations may conduct mediation or directly file a divorce lawsuit with the people's court.

Legal analysis: fixed-term imprisonment of not more than two years or criminal detention. The crime of bigamy refers to the act of having a spouse and marrying another person, or having a spouse and cohabiting with another person in the name of husband and wife, or cohabiting with another person in the name of husband and wife knowing that another person has a spouse.

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 or she has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or be sentenced to imprisonment or detained or promoted to compulsory service.

1. The landlord asked: Does the husband constitute the crime of bigamy?

Answer: Is the landlord's husband married to the woman? If married, it constitutes the crime of bigamy; If you are not married, you do not commit bigamy.

A: Absolutely!

3. The landlord asked: What can I ask for?

Answer: This is a matter between your husband and wife, it is difficult for others to interject, the landlord can ask for whatever he wants, and this request is not illegal.

If the landlord wants to divorce, he can ask for an equal division of property (including the property of the company opened by the landlord's husband), custody of the children, and compensation for the fault of the marital relationship 、......

If the husband and the other party live together as husband and wife, they are suspected of bigamy; The woman may file a private criminal prosecution to demand that the man and a third party be held criminally responsible for the crime of bigamy; If a divorce is filed on this ground, it is also possible to claim damages and demand that the property be divided to the other party in a small or no way.

Zongheng Legal Network-Beijing Longping Law Firm-Yuan Liping Lawyer.