What evidence is needed to prosecute bigamy?

It needs to be discussed in different situations.

1. If you have obtained a marriage certificate, you need direct evidence such as marriage registration or forged marriage certificate, and birth certificate of children with others.

2. cohabiting in the name of husband and wife without obtaining a marriage certificate: in this case, it is more troublesome to obtain evidence because there is no direct evidence like the previous situation. The specific evidence that can be collected includes: witness testimony of friends, letter of guarantee, confession of one side of extramarital affairs, photos and videos of the two sides going in and out together, intimate information sent by both sides, etc. It is recommended to entrust a lawyer to collect it for you.

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According to Article 258 of the Criminal Law of People's Republic of China (PRC), the crime of bigamy refers to the act of marrying others with a spouse or knowing that others have a spouse. The so-called spouse means that a man has a wife and a woman has a husband. This relationship between husband and wife still exists without legal procedures, that is, a person with a spouse; If the relationship between husband and wife has been dissolved, or the relationship between husband and wife naturally disappears due to the death of one of the spouses, it is no longer a spouse.

The so-called marriage knowing that someone else has a spouse means that although I have no spouse, I know that the other person has a spouse and marry him (including registered marriage or de facto marriage). This kind of behavior is an act of deliberately destroying other people's marriage.

The specific provisions of the Criminal Law stipulate that whoever commits bigamy while having a spouse, or marries someone knowing that they have a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. Therefore, for extramarital affairs, bigamy must be punished, even if it is criminal detention, it is also a criminal punishment. It is also against the criminal law to marry someone who knows that he has a spouse. In other words, people who are willing to have extramarital affairs may also violate the criminal law and be punished.

Reference: Bigamy Baidu Encyclopedia