According to Article 258 of the Criminal Law, anyone who commits a crime of bigamy shall be sentenced to fixed-term imprisonment of not more than 2 years or detention. Detention is carried out by the public security organs at the nearest detention center, detention center or other supervision place. During the execution period, the prisoner can go home for one to two days a month and participate in labor. The duration of detention is from 1 month to 6 months, and the penalty for multiple crimes cannot exceed 1 year.
In China, as long as men and women commit the crime of bigamy, they must be sentenced according to the Criminal Law and related laws. This also shows that there is no specific situation of men and women sentenced for bigamy. Because each person s specific crimes are different, different sentences are given.
1. Legal bigamy: Refers to the marriage registration with another person who has not been released from the previous marriage. In China, where a single registration of marriage is practiced, as long as both parties have registered for marriage, whether they live together or not, bigamy is already constituted.
2. De facto bigamy: Refers to the fact that the previous marriage has not been lifted, and they live together with others in the name of husband and wife, but have not gone through marriage registration formalities. As long as the two parties openly live together in the name of a spouse, the marriage has also been constituted as a big marriage, although they have not registered for marriage. One of the following situations shall be considered as living together in the name of a spouse:
The husband and wife are commensurate with each other. In addition to the recognition between the parties and the name of daily life, the parties live together. When the woman is sick, the man signs and accompanies the husband. Children celebrating the full moon, etc., can also be used as supporting evidence to determine that they are commensurate with husband and wife. In determining bigamy, testimonies from the surrounding people, relatives, friends, and relatives of the surrounding people are usually required to prove that the surrounding people consider the parties to be married.
The object of the crime of bigamy is a monogamous marriage relationship. Monogamy is a principle stipulated in the Marriage Law. Bigamy acts undermine socialist marriage and family systems and must be punished criminally.
The crime of bigamy The objective of bigamy is that the perpetrator must have bigamy. Anyone who has a spouse who is married to another person, or who knows that someone else has a spouse and marries them, is guilty of bigamy.
A spouse means a man who has a wife and a woman who has a husband, and such a spouse relationship is still alive without termination of the legal process, that is, a person with a spouse; if the spouse relationship has been dissolved, or the spouse s relationship has died,, That is no longer a person with a spouse. The so-called marriage with others includes deceiving marriages by legal procedures and de facto marriages that have lived together as husband and wife without registration of marriage. The so-called married person who knows that he or she has a spouse means that although he has no spouse, he knows that he or she has a spouse and intentionally marries (including registered marriage or de facto marriage). Such behavior is an act that intentionally disrupts the marriage of another person.
The subject of the crime of bigamy is the general subject. One is a person who has a spouse and has established a marriage relationship with others during the existence of the spouse relationship; the other is a person who does not have a spouse and knows that the other person has a spouse and marries him.
The crime of bigamy is manifested directly and intentionally in the subjective aspect, that is, knowing that someone else has a spouse and marrying it or that he has a spouse and intentionally marrying another person. If a spouse does not know that the other party has a spouse and marries them or lives together in a marital relationship, the non-spouse party does not constitute the crime of bigamy, and the spouse party does. The motives for bigamy are many and varied, some are like the new and hate the old ; some are greedy for pleasure; some are feudal ideologies and so on. But the motive does not affect the establishment of the crime of bigamy.
In our country, polygamy and polygamy are crimes. You must bear legal responsibility for committing the crime of bigamy. I believe that you also know this through the relevant information collected by the editor. In summary, according to China s Criminal Law, the penalty for bigamy is a term of imprisonment or detention of less than 2 years. In addition, it should be noted that both men and women will be punished as long as both men and women are married, or if they know they are still married.