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How to define bigamy crime in marriage law

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How to define bigamy crime in marriage law


        

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  • 2024-06-09 21:00:48

    The Marriage Law has been abolished, and the crime of bigamy is recognized by the criminal law, which generally refers to the act of knowingly or unknowingly not marrying under the supervision system of the law. The so-called spouse refers to a man who has a wife and a woman who has a husband, and the marital relationship is still in existence without legal procedures. The marital relationship has been dissolved, or the marital relationship has naturally disappeared due to the death of one spouse, and is no longer a person who has a spouse.
    The so-called marriage with others includes those who cheat legal procedures to register marriage and those who live together as husband and wife without marriage registration procedures.
    The so-called "knowingly marrying another person with a spouse" means that although he or she has no spouse, he or she knowingly marries the other person with a spouse and intentionally marries him or her, including registered marriage or de facto marriage, which is an act intended to destroy another person's marriage.
    The constitutive elements of bigamy include the following four aspects:
    1. Object Elements
    The object of the crime of bigamy is the monogamous marriage, which mainly destroys the socialist marriage and family relations.
    2. Objective Elements
    The objective elements of the crime of bigamy are mainly manifested in the fact that one of the spouses has bigamy, which means that a person who already has a spouse has registered marriage with another person, or the perpetrator knows that another person already has a spouse and still registers marriage with another person.
    3. Main elements
    The subject of bigamy crime is a general subject, which mainly includes two categories: the first category is the person who has a spouse, and the second category is the person who has no spouse but knows that the other party has a spouse and still marries him.
    4. Subjective element
    The crime of bigamy is generally manifested as direct intention in the subjective aspect, which means that the perpetrator knowingly marries another person with a spouse in the duration of marriage, or the perpetrator himself has a spouse and deliberately marries another person.
    Legal basis:
    Article 42 of the Criminal Law
    The term of criminal detention shall be not less than one month but not more than six months.
    Article 258
    Whoever has a spouse and bigamy, or knowingly marries another person who has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

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