How long does it take to cheat and live together in marriage count as bigamy?

How long does it take to cheat and live together in marriage count as bigamy?

How long does it take to cheat and live together in marriage? In the real world, everyone knows that it is monogamous now, but there are still many people who live together with others or even get pregnant after marriage. This is a very bad behavior. So how long does it take to cheat and live together in marriage?

How long does it take to cheat in marriage and live together as bigamy 1? 1. How long does it take to count as bigamy?

The length of cohabitation is not directly related to bigamy. In judicial practice, cohabitation is regarded as bigamy:

(1) People with spouses hold weddings with others and actually live together;

(2) although a spouse has not held a wedding ceremony with others, he is regarded as husband and wife and has lived together for more than three months;

(3) Although the spouse has not held a wedding ceremony with others, he has a relatively stable cohabitation relationship and has children;

(4) A person with a spouse is not commensurate with others, but has a stable cohabitation relationship and has lived in a relatively fixed residence for more than 6 months.

Second, the situation of invalid marriage

Article 105 1 of the Civil Code stipulates that a marriage is invalid in any of the following circumstances:

1, bigamy;

2. There is a kinship that prohibits marriage;

3. Suffering from diseases that are medically considered unsuitable for marriage before marriage and are not cured after marriage;

4. Not reaching the legal age for marriage.

Three. Conditions for marriage registration

1, both men and women must be completely voluntary.

Article 1043 of China's Civil Code stipulates: "Marriage must be completely voluntary by both men and women, and neither party may force the other, and no third party may interfere."

This provision is the embodiment of the principle of freedom of marriage, and it is also the necessary and primary condition of marriage. The word "completely voluntary" between men and women is an inseparable whole. First of all, marriage must be voluntary, not wishful thinking, and one party is not allowed to force the other; Secondly, it is my own will, not according to others' wishes, and parents and other third parties are not allowed to arrange it;

Third, it is completely voluntary, not reluctantly agreed, which excludes the situation that one or both parties are semi-voluntary and semi-arranged. "No coercion by any party and no interference by any third party" is a completely voluntary supplement and emphasis to "both men and women". The former adjustment is positive and the latter adjustment is negative.

2, must reach the legal age of marriage.

Article 1046 of China's Civil Code stipulates: "The age of marriage shall not be earlier than 22 for men and 20 for women. Late marriage and late childbearing should be encouraged. "

The legal age for marriage refers to the legal minimum age for men and women to get married. Both parties or one party is below the legal age for marriage and may not get married; Marriage is allowed only after reaching or exceeding the legal age for marriage. This regulation is completely scientific and fully conforms to the actual situation in China. Its basic spirit is to limit early marriage and encourage late marriage and childbearing.

3. Must be monogamous.

The civil code does not make special provisions on monogamy in the chapter of "marriage", but it has clearly stipulated in the chapter of general provisions that monogamy is prohibited. Therefore, when examining the application for marriage, we must strictly grasp this condition and carefully verify it. Applicants for marriage must be unmarried or widowed or divorced to avoid bigamy.

Many people are still unclear, and it is easy to confuse marital infidelity with bigamy. Sometimes, even if the other party is found to live with a third party in the marriage relationship, if the other party and the third party have never been declared husband and wife, or the cohabitation relationship lasts less than three months, it is difficult to sentence bigamy.

How long does it take to cheat and live together in marriage? 2. How long does cohabitation count as bigamy?

There is no such rule. Cohabitation with other opposite sex in the name of husband and wife before divorce is suspected of bigamy. Mere cohabitation is not a condition for bigamy.

Cohabitation does not mean bigamy, and the length of cohabitation does not affect the nature. Cohabitation does not mean bigamy. Spouses living together with others means that spouses and the opposite sex outside marriage do not live together continuously and stably in the name of husband and wife. Commonly known as concubinage.

Bigamy refers to the illegal act of a spouse marrying another person, that is, a person has more than two kinds of marriage relationships at the same time.

There are two elements that constitute bigamy:

1. When one or both parties have a valid marriage relationship. This is the premise of bigamy.

2. There are two forms for spouses to marry others: one is that spouses register to marry others, which is legal bigamy; Second, although not registered for marriage, living with others as husband and wife is a de facto bigamy. In reality, bigamy is the main form of bigamy.

Second, the criminal responsibility of bigamy crime

Bigamy shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

Bigamy seriously violates the personal rights of the innocent party, hinders and destroys the safety of marriage and family, and has certain social harm. Therefore, the criminal laws of many countries recognize bigamy as a criminal act that should be punished by punishment.

China's current criminal law clearly stipulates that bigamy is a crime that violates personal rights and should be punished by criminal law. China's marriage law is in line with the current criminal law. Article 45 clearly stipulates: "Bigamy shall be investigated for criminal responsibility according to law."

Third, the judicial interpretation of bigamy crime

1. Judging from the subjective characteristics of bigamy, its bigamy behavior is direct and intentional. This kind of direct intention is manifested as: marrying others knowing that their existing marriage relationship has not been dissolved, or marrying others knowing that they have a spouse.

2. The object of bigamy is monogamy, and the victim's "legal marriage relationship" is only the object of bigamy. The first view directly confuses the difference between criminal object and criminal object.

3. The objective aspect of the crime of bigamy is that bigamy violates the fundamental marriage system of monogamy and implements the overlapping behavior of marriage. That is, the crime of bigamy has two marriages at the same time, and whether the previous marriage relationship is legal or not does not affect the composition of bigamy.

4. In judicial practice, the former marriage is illegal and the later marriage is "legal", which is just a means adopted by bigamy to escape legal sanctions under the new situation and a new manifestation of bigamy crime.

To sum up, cohabitation belongs to cohabitation with others. Living with another person's spouse is against the marriage law, but breaking the law does not necessarily constitute a crime. It must have a legal reason to constitute a crime. Therefore, there must be a legal basis when dealing with it.

How long does it take to cheat and live together in marriage to be bigamy? 1. How long does it take to live with a third party to be considered bigamy?

The length of cohabitation is not directly related to bigamy, but living together as husband and wife constitutes bigamy. The crime of bigamy mainly includes the following types:

1, marriage registered by a spouse, marriage registered with others and bigamy, that is, bigamy of two legal marriages. People with spouses register marriage with others, bigamists cheat the marriage registry to get a marriage certificate, and bigamists collude with the registry staff to get a marriage certificate.

2, registered marriage with the original spouse, not registered with others to live together as husband and wife, this is the type of de facto marriage after legal marriage.

3. It is bigamy of two kinds of de facto marriages if you are not registered to get married with your spouse and others, but you have cohabited with your spouse and others as husband and wife at the same time.

4. It is a legal marriage type after de facto marriage to marry someone who is unregistered with the original spouse and is indeed married.

5, no spouse, but knowing that the other party has a spouse and remarried to register marriage or cohabitation as husband and wife.

Second, what are the contents of the defense words for suspected bigamy?

(1) title. You can write "defense words about the case"

(2) Preface

Explain the legal status of defenders. At the same time, briefly explain what the defender did beforehand, such as consulting the case file, understanding the case, meeting or communicating with the defendant in custody, etc. (mostly limited to lawyers). At the end of the preface, the basic views of the defender on this case can be summarized. If you think that the criminal facts accused by the public prosecution agency against the defendant cannot be established, or the conviction is improper, and so on.

(3) Reasons for defense

This is the main part of the "defense word", which puts forward the defense reasons from the fact, the law and the defendant's guilty attitude. Specifically, the defense reasons can be put forward from the aspects of analyzing whether the defendant's criminal facts put forward by the public prosecutor can be established;

Or use the law to express opinions on conviction and sentencing, and express opinions on the charges raised in the indictment; The attitude of pleading guilty is mainly based on the principle of "confessing leniency and resisting strictness", and puts forward the reasons that can be lightened.

(4) the end. Summarize the defense reasons and put forward sentencing suggestions to the defendant.

(5) State the name of the defender and indicate the specific date.

There must be relevant evidence to determine that the other party is bigamy. Although cheating and bigamy have seriously damaged the relationship between husband and wife, because the legal nature of bigamy is different from cheating, I can't sue bigamy just because the other party has lived with a third party for a long time.