Many people marry because of emotional dissent and choose to betray, but do not know that sometimes the dislocation puts them on the road to bigamy. Military marriage is a special marriage, and its destruction also includes the crime of sabotaging military marriage. What is the boundary between the two? This article introduces you in detail. There is a certain competition relationship between the two, but it still has the following essential differences:
This crime not only recognizes that the other party must be the spouse of another person, but must also realize that the other party is the spouse of the active serviceman, not the spouse of the ordinary person, otherwise it is impossible to constitute its sin; then the crime is divided into two cases subjectively: First, for people with a spouse, as long as they realize that their marriage relationship with the spouse has not been dissolved or disappeared; second, for people without a spouse, they only need to recognize that the other party is the spouse of another person, and The other party is not required to be the spouse of someone with a specific identity.
The crime of cohabitation or marriage refers to the spouse of the active serviceman; then the object of the crime is to the spouse of the non-active serviceman, which includes both married and unmarried people. The target of this crime must be someone who is already married to the active military.
The counterparty of this crime is the spouse of the active serviceman, unless the perpetrator is also the spouse of the active serviceman, which constitutes a crime, nor is it the crime, but the other crime is the crime of bigamy; Crimes of the same nature are crimes of bigamy. In practice, although there are facts of cohabitation or marriage with the spouse of active servicemen, how to convict should be carefully analyzed in combination with the subject and subjective knowledge. It cannot be treated as the crime:
(1) Living with or marrying the spouse of an active military member, but not knowing that he is a spouse of an active military officer, cannot be punished for this crime. If it is known that a spouse is the spouse of another person, marrying them may constitute the crime of bigamy. It is not a crime to know that he is a spouse.
(2) Knowing that the spouse of the active serviceman lives or marries with him, the perpetrator constitutes the crime. If the active serviceman s spouse constitutes a crime, he should be specifically convicted according to the situation: (A) If the actor is the active serviceman s spouse, the active serviceman Cohabitation or marriage of the spouse of the active serviceman and the spouse of the active serviceman, both parties know that it constitutes a crime and both constitute a crime. If one party knows that the other party is the spouse of the active serviceman, and the other party does not know it, the known party constitutes the crime. An unknown party is either guilty of bigamy or not. If it is not clear that the other party is the spouse of an active serviceman, the conviction for bigamy or innocence should be based on the circumstances. (B) If the perpetrator is not the spouse of the active serviceman but lives or marries with the active serviceman s spouse, the active servicem an s spouse constitutes a crime and should be a crime of bigamy, not the original crime.
(3) If the actor marries a spouse of a non-active military member, the actor may constitute a bigamy crime, but if the spouse of a non-active military member constitutes a crime, he shall be convicted on a case-by- case basis: (A) the actor is the spouse of a non-active military person, and The spouse of the non-active serviceman relative to the perpetrator shall constitute the crime of bigamy; (B) The actor is the spouse of the active serviceman, and the spouse of the non-active serviceman shall be guilty of the crime if he knows that the actor is the spouse of the current serviceman; if he does not know it, then They should be treated as if they were aware of the crime of bigamy or innocence.
As to whether the partner with whom the actor lives or marries is an active military member, it is not a key element in determining the crime. If both parties are active duty soldiers, but their spouses are not active duty soldiers, that is, the perpetrators are not the active duty spouse s spouse, which constitutes a crime, it should also be a crime of bigamy, not the original crime.