The crime of bigamy cannot be prosecuted for a few years, and the crime of bigamy cannot be prosecut

The crime of bigamy cannot be prosecuted for 5 years. Because the statute of limitations for bigamy is five years. The legal crime of bigamy is determined as follows:

1. 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;

2. In the objective aspect, it is manifested that the perpetrator must have bigamy;

3. The object of the violation is a monogamous marital relationship;

4. The subject is a general subject;

5. In the subjective aspect, it is manifested as direct intention.

The scope of compensation for the crime of bigamy includes material damages, which are compensation for actual losses, and moral damages, which are mainly based on the degree of fault. Where the perpetrator constitutes the crime of bigamy, he is to be sentenced to up to two years imprisonment or short-term detention.

Within five years from the date of the end of the offence of bigamy, the relevant evidence collected may be submitted to the court for prosecution. In other words, after 5 years after the act of bigamy, the statute of limitations for the crime of bigamy has expired and it can no longer be sued in court, so it is necessary to file a lawsuit within 5 years. The common circumstances of the offence of bigamy are as follows:

1. Registered marriage with spouse and regalia with another person and bigamy, that is, bigamy of two legal marriages. A person with a spouse registers his marriage with another person, a bigamist deceives the marriage registration authority to obtain a marriage certificate, and a bigamist colludes with the staff of the registration authority to cheat on each other to obtain a marriage certificate;

2. Registering a marriage with the original spouse, and living together as husband and wife without registration 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.

Victims of bigamy can obtain redress through two judicial avenues:

1. Directly file a private prosecution with the people's court or file a complaint with the public security organ, requesting that the bigamy person be investigated for criminal responsibility;

2. File a divorce lawsuit and attach a claim for civil compensation.

Legal basis

Criminal Law of the People's Republic of China

Article 87: [Statute of Limitations Periods]Crimes are not to be prosecuted after the following time periods:

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. Article 258: [Crime of Bigamy] Whoever has a spouse and bigamy, 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.

The statute of limitations for the offence of bigamy is five years. According to the laws of our country, whoever commits the crime of bigamy shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention. The law also imposes a maximum penalty of less than five years in prison, and after five years, the statute of limitations for the crime of bigamy is five years.

Legal basis: Article 87 of the Criminal Law of the People's Republic of China provides that crimes are not to be prosecuted after the following time periods:

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.

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.

The crime of bigamy cannot be prosecuted for 5 years. Because the statute of limitations for bigamy is five years. The legal crime of bigamy is determined as follows:

1. The crime of bigamy refers to the act of marrying another person with a spouse or marrying another person knowing that he or she has a spouse;

2. In the objective aspect, it is manifested that the perpetrator must have bigamy;

3. The object of the violation is a monogamous marital relationship;

4. The subject is a general subject;

5. In the subjective aspect, it is manifested as direct intention.

The scope of compensation for the crime of bigamy includes material damages and moral damages, with material damages being compensation for actual losses caused and moral damages mainly based on the degree of fault. Where the perpetrator constitutes the crime of bigamy, he is to be sentenced to up to two years imprisonment or short-term detention.