If you already have a wife and children, and you have a son out of wedlock, is it the crime of bigam

It's bigamy, but if they don't sue, there will be a turnaround.

The existence of children born out of wedlock does not necessarily constitute the crime of bigamy, which must require the perpetrator to marry another person or live together as husband and wife in the presence of a spouse. The Criminal Law stipulates that a person who has a spouse and marries another person, 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. Is it a legal sin to cohabit with someone else's wife?

If they live together as husband and wife, they are suspected of bigamy. 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. If it is a soldier, it is suspected of sabotaging a military marriage.

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

2. How to punish the crime of bigamy.

Punishment for the crime of bigamy: Generally sentenced to fixed-term imprisonment of not more than two years or criminal detention. In the case of bigamy:

The first is legal bigamy, which refers to the registration of marriage between a person with a spouse and the registration of the marriage at the marriage registration authority; 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. The crime of bigamy refers to the act of bigamy while having a spouse, or marrying another person knowing that he or she has a spouse. The object of the offence of bigamy is monogamous marriage.

3. Whether the crime of bigamy is committed without a marriage certificate or file.

Without a marriage certificate and no file, it is possible to constitute the crime of bigamy. The crime of bigamy refers to the act of marrying another person while having a spouse, or marrying another person by knowing that he or she has a spouse. A person who has a spouse living in the name of husband and wife with another person may also constitute the crime of bigamy.

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 3 of the Criminal Law of the People's Republic of China.

where the law clearly provides that it is a criminal act, it is to be convicted and sentenced in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.

Article 258.

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.

If you have an illegitimate child, whether it is bigamy or not, you will be treated differently. If they cohabit and have children in the name of husband and wife or are recognized as husband and wife, it is bigamy; Otherwise, it is not bigamy.

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 so-called spouse refers to a person who has a wife and a woman has a husband, and the relationship between husband and wife is still existing without legal procedures. If the relationship has been dissolved, or if the relationship has disappeared naturally due to the death of one of the spouses, i.e. it is no longer a person who has a spouse.

The so-called "marrying another person knowing that he or she has a spouse" refers to a person who knows that the other person has a spouse and deliberately marries him or her (including a registered marriage or a de facto marriage) even though he or she does not have a spouse. Such an act is an act of intentional destruction of another person's marriage.

1. What are the procedures required to prosecute bigamy?

1. Make a list of indictments and evidence. Before filing a complaint, it is necessary to prepare a list of the first complaint and evidence, and it should be noted in the procedure for prosecuting the crime of bigamy that under normal circumstances, several copies of the complaint are required for several defendants (including third parties).

2. Submit the complaint and the list of evidence to the court. The court has a case filing division, and most courts will specify a case filing review window, and the court will review your complaint and materials to decide whether to file a case.

3. Payment. After the court's review, if the case is approved, a notice of approval of the case will be issued and a payment slip will be made, and the parties can go to the designated bank to pay the fee after receiving the payment slip. After paying the fee, go to the court to exchange it for an official bill.

4 Wait for the notification. After the payment is made, it means that the case is successfully filed, and the judge of the case filing division will classify the case according to the nature of the case, and then transfer it to the trial court.

2. How to judge the crime of bigamy.

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 law to marry another person knowing 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.

First of all, it needs to be clear that there are two kinds of situations that constitute bigamy:

One is that both or one of the spouses, whose marriage relationship has not been dissolved, and who have registered their marriage with another person;

The second is that although the marriage has not been registered, in fact they live together with others in the name of husband and wife. Violations of monogamy shall not be registered by the marriage registration authorities;

If a person with a spouse and a person of the opposite sex outside of marriage openly live together in the name of husband and wife, the collapse of the wheel constitutes bigamy; If a spouse and a person of the opposite sex outside of marriage are not commensurate with the name of husband and wife, but the people's court may, on the basis of the actual situation, combined with the judge's discretion, and consider the length of time the parties have lived together and the degree of stability, and sometimes determine that it constitutes bigamy in accordance with the law.

A person who has a spouse and marries another person, or who marries another person knowing that he has a spouse, shall be punished as the crime of bigamy.

If the other party has an illegitimate child and the situation falls under one of the above two circumstances, the other party constitutes the crime of bigamy. The innocent spouse in the marital relationship may claim damages in the event of divorce against the spouse who has committed bigamy.

1. How to deal with the crime of bigamy.

According to article 258 of the Criminal Law of the People's Republic of China, a person who has a spouse and marries him/her, or who marries another person knowing that she has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

In Article 1051 of the Civil Code of China (in force), bigamy is defined as invalid marriage. The legal consequences of the invalidity of the marriage relationship, although the laws and regulations of various countries in the world are different today, are inseparable from the two punishment methods of criminal liability and civil liability for bigamy

1. Criminal liability.

China's Criminal Law stipulates that whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

2. Civil liability.

Based on the fact that bigamy, disguised concubinage, and third-party involvement are violations of the duty of fidelity of husband and wife, and it seriously infringes on a series of spousal rights such as the right of cohabitation and the right to maintain chastity of the innocent party. It is therefore determined that the law should not only impose criminal penalties on bigamists, but also that bigamists should be liable for punitive damages to the innocent party.