Case of sabotage of military marriage: A deputy company commander of the army was Lou Moumou, and when he visited his family, he heard that his wife had a bad relationship with a male colleague whose name was Guan. The man often came to his house , and Lou Mou still saw in the drawer a photo of his wife and that man with a close relationship. Lou Mou was so angry that he questioned his wife, who finally admitted the fact that she often lives with that man. I would like to ask whether Lou Moumou can be held criminally responsible for destroying military marriage.
First, if Lou has evidence to prove that Guan has a criminal suspect of sabotaging military marriage, he can directly sue to the people s court. According to Article 1, Paragraph 2 of the Supreme People s Court s Interpretation of Several Issues in the Implementation of the Criminal Procedure Law of the People s Republic of China in September 1998, the People s Procuratorate did not initiate public prosecution, and the victim had a minor criminal case with evidence to directly report to the people When a court brings a lawsuit, the people s court shall accept it according to law. The minor criminal cases here include sabotage of military marriages.
Second, if Lou Moumou suspects that the crime of violating military marriage by Guan Momou has not been grasped to the extent of evidence, he can sue the public security organs where the crime occurred. The public security organ shall promptly review the accusation materials According to its jurisdiction, and when it believes that the criminal facts need to be investigated for criminal responsibility, it shall file a case.
Third, as for the type of criminal behavior of destroying military marriage by Guanmou, it should be determined according to the evidence. In addition to the types of criminal acts that disrupt military marriage, in addition to the bigamy and cohabitation types stipulated in Article 259 , paragraph 1, of the Criminal Law, there are long-term determinations in the Supreme People s Court s Four Cases of Crimes of Violating Military Marriage in July 1985 Adultery. As far as the situation you have stated is concerned, at least the following evidence proves that Mr. Guan committed a crime of sabotaging military marriage: the testimony of neighbors about Mr. Guan s frequent entry and exit to a certain house; multiple intimate photos of his wife and Mr. Guan; his wife Testimonies about living with Guan often. However, in order to reach sufficient evidence, the following evidence is also needed: whether Guan has a “knowledge” subjective knowledge that the wife of the company commander is the spouse of the active serviceman; the specific plot of Guan ’s life with the company commander’ s wife; Guan ’s destruction The degree of harm to the marriage of Lou Moumou by the criminal behavior of military marriage.
Military marriage is a marriage that forms a marital relationship with active servicemen. Military marriages are under the protection of national laws, and the family marriage relationship of active servicemen should be severely cracked down by criminal law.
23. The subject of this crime is a general subject. The criminal object of this crime is the marriage of active duty military personnel. Therefore, the marriage or cohabitation of a non-active duty military officer and the spouse of an active duty military officer may constitute the subject of this crime. The soldiers are bigamy or cohabiting, and their spouses are not active duty soldiers and do not constitute the subject of the crime.