For the crime of bigamy, the private prosecutor Zhang Moumou claimed that she and the defendant Liu Moumou were husband and wife. Beginning in 1999, the defendant Liu Moumou had frequent contact with Zhang Moumou on the pretext of soliciting projects. He often went home at one or two o'clock in the middle of the night and treated each other as husband and wife. Since November 2001, they have been living together as husband and wife in House 702, No. 3, XX Road, this city. On the evening of January 25, 2002, when she, accompanied by her relatives, went to House 702, No. 3, XX Road, this city to persuade Liu to go home, she was unprovokedly insulted and beaten by the defendant and the so-called "wife", who claimed that Zhang XX had arrived. His family is involved in robbery and murder. The two parties had a dispute and were sent to the Jehol Road Police Station by the 110 police car. Zhang's physical and mental health was greatly traumatized, and his spirit was irreparably damaged. It is required that the defendant Liu Moumou be investigated for criminal liability for the crime of bigamy in accordance with the law, and the defendant Liu Moumou is ordered to compensate 30,000 yuan for mental damages.

The litigation attorney stated that the defendant Liu Moumou in this case and Zhang Moumou, the prosecutor in this case, lived together with Zhang Moumou and treated them as husband and wife when they had a legal marital relationship, which constituted the crime of bigamy. His claim that he only lived temporarily in a certain place in Zhang has no factual or legal basis. Liu Moumou denied that the claim that he and Zhang Moumou were husband and wife in the "House Rental Investigation Registration Form" submitted to the court by the prosecutor cannot be established. Secondly, Liu’s bigamy behavior is objectively serious. He first used the excuse that he was busy recruiting projects and often stayed up late at night to live with Zhang. He also used the excuse to beat the plaintiff for no reason in order to achieve his purpose of running away from home. He completely lived with Zhang as husband and wife and treated them as husband and wife. His behavior is objectively serious. What is even more serious is that after the defendant Liu learned that the prosecutor Zhang had brought him to court for bigamy, he still ignored the law and continued to live with Zhang. After receiving a complaint from Zhang Moumou accusing him of bigamy, the phone number he submitted was the phone number of the place where he lived with Zhang Moumou. Therefore, the circumstances of Liu Moumou's crime are subjectively serious, and there is no sign of remorse.

The evidence for the complaint includes:

1. Marriage certificate, proving that Zhang and Liu registered their marriage on January 25, 1978;

2 , Rental house investigation and registration form, which states that Liu and Zhang are husband and wife on January 15, 2002;

3. Certification materials of Sun and Zhang, proving The formation of the rental housing survey registration form;

4. Guo Moumou’s testimony proves that in August 2001, Guo and his wife Lei Moumou went to “XX time-honored mutton restaurant” to find Liu Moumou, and Liu asked Lei Moumou Lei was unwilling to call Zhang "sister-in-law", and Guo did not let Lei do so;

5. Lei's testimony proved that she heard that Liu's family celebrated the ninth anniversary of her father's birthday Grave, family gathering, Liu XX took Zhang XX with him, but did not take Zhang XX and his daughter;

6. Huang XX’s testimony proved that one day in late October and early November 2001, Liu XX A certain person took Zhang XX to Huang XX's house to work on a motorcycle. Liu said to Zhang, "I'll go home and clean up first. The house is in a mess." "Home" refers to XX Zhang's residence, and he proved that Since 2000, Liu Moumou has asked his sisters and friends to call Zhang Moumou "sister-in-law";

7. Zhang Moumou's testimony proves that in the second half of 1999, Liu Moumou On the grounds of recruiting projects, he often stayed with his sister Zhang, and his brother-in-law Wang was dissatisfied, which later led to the divorce of Wang and Zhang;

8. Liu’s testimony proved that since 1999 Since then, his father Liu Moumou, in the name of taking on projects and being busy with business, has come home very late every day and often quarreled with Zhang Moumou. On the evening of January 25, 2002, he and his mother Zhang Moumou went to Zhang Moumou's residence to look for Liu Moumou. , entered the door and saw Liu and Zhang lying on the same bed under the same quilt.

Defendant Liu Moumou argued that it was not true that the private prosecutor accused him of committing the crime of bigamy. He said that since 1999, he often went to eat at the "XX time-honored" mutton restaurant opened by Zhang to recruit projects and became familiar with Zhang. Just a normal friendship. One day in mid-November 2001, he quarreled with the private prosecutor and left home to stay temporarily at Zhang's home. He did not live in the same room as Zhang and did not have sexual relations. They are not commensurate in the name of husband and wife.

On the evening of January 25, 2002, the private prosecutor and his family went to look for Zhang at House 702, No. 3, XX Road, this city, where he lived. After a dispute occurred, he went to live at his mother's house until now. The private prosecutor was provided with a rental house investigation and registration form. The signature "This house is a house in the security area" in the form was written by him himself, but the signature "Liu XX, Zhang XX 2002.1.15" was written by him, but the form was blank before he wrote. , the handwriting on the form was filled in by someone else later, and the handwriting and time on the form are required to be authenticated. The testimony of witnesses Sun and Zhang that "Liu and Zhang who live in this house have always treated each other as husband and wife" is considered to be unsubstantiated.

The defender’s defense opinions:

1. Liu Moumou’s behavior does not meet the constituent elements of the crime of bigamy. He has no continuous and stable sexual intercourse with the opposite sex outside of marriage in the name of husband and wife. Live together. Article 258 of the "Criminal Law" stipulates the objective elements of the crime of bigamy and its penalties: "Whoever has a spouse and commits bigamy, or who marries another person knowing that he or she has a spouse" constitutes a crime. The Supreme People's Court's reply on December 14, 1994 instructed that "If a person who has a spouse lives with another person as husband and wife, or if he knows that another person has a spouse and lives with him or her as husband and wife, he shall still be convicted and punished as bigamy." Marriage Law Paragraph 2 of Article 3 of "Article 3" prohibits bigamy and prohibits persons with a spouse from living together with others. The Supreme People's Court pointed out in the "Interpretation of Several Issues Concerning the Application of the Marriage Law (1)" that "a person with a spouse lives with others". The situation refers to the continuous and stable living together between a spouse and someone of the opposite sex outside of marriage, not in the name of husband and wife. Our country's law does not stipulate that this situation of "a spouse living with others" is a crime, but According to this understanding, one of the acts of bigamy refers to a spouse living with a person of the opposite sex outside of marriage in a continuous and stable relationship in the name of husband and wife, regardless of whether Liu XX and Zhang XX are " Is there any evidence for the issue of "living together in the name of husband and wife"? The private prosecutor did not provide any evidence for a single pair of "continuous and stable *** living together". Liu Moumou moved to XX Road on November 19 or 20, 2001 On the 3rd, by November 15, 2001, Sun and Zhang had only been making the form for more than a month. This month can be said to be "continuous and stable living together." .

2. There are many doubts in the evidence provided by the private prosecutor. Based on this evidence, the defendant cannot be proven guilty and sentenced.

1. "Leasing a House" on January 15, 2002. "Investigation Registration Form" is the most important documentary evidence provided by the private prosecutor. The private prosecutor intends to use this evidence to prove that Liu Moumou claims that he and Zhang Moumou are husband and wife. This registration form is between the police in the responsible area and Zhang Moumou, a cadre of the neighborhood committee. It was made after the second visit to Zhang’s house. Judging from this form, there seems to be no problem, but there is a contradiction between Liu’s statement and Sun’s proof. It is impossible for Liu to read clearly the two lines written on it. After that, he added "This house is a house in the security area" at the bottom unless there was no words "house in the security area" above. Also, when he saw the words Liu XX as husband and Zhang XX as wife, he didn't. They will sign and approve it below. The ink traces of Liu and Zhang’s basic information in the “Temporary Residents (Leasants)” column are obviously different from the traces of other fonts, and the defendant requested identification. The request should be accepted by the court. At the same time, Liu Moumou’s statement that when he wrote the next two lines, they were all blank.

2. The private prosecutor provided that January 2002. On the 15th, the certifiers Sun and Zhang gave identical "certificates". The content, wording, and time of these two certificates are completely consistent, which is enough to show that they were written by one person. Both certificates stated that "the person who lives in this house" "Liu Moumou and Zhang Moumou have always treated each other as husband and wife." Neither the neighborhood committee, the building manager, nor the neighbors knew.

3. Evidence should be produced in this case in accordance with Article 162 of the Criminal Procedure Law Insufficient, the alleged crime cannot be established and the verdict of not guilty is obtained.

The evidence provided by the defender includes:

1. The testimony of witness Qu Moumou. Qu Moumou is the director of the neighborhood committee of XX Road. He held this position on July 1, 2001. Zhang XX is a community assistant. No one has ever said that Liu XX and Zhang XX lived together as husband and wife in House 702, No. 3, XX Road, and there was no report or report.

2. Zhang Moumou testified that she and Liu Moumou did not live together as husband and wife. On November 20, 2001, Liu Moumou and Zhang Moumou had a quarrel on XX Road. She lives temporarily in House No. 702, No. 3. Zhang Moumou urged Liu Moumou to go home three times. The police from the police station came to her home twice. The first time was at the end of December and the beginning of January 2001. A policeman and a woman came to her home to learn about the Carrefour bombing and took the household registration book to see the registration. At that time, Liu was at her home and the police asked Who was Liu? She said she was a friend. He came again after dozens of days and she was not at home at the time.

After trial, it was found that the private prosecutor Zhang Moumou and the defendant Liu Moumou voluntarily registered their marriage on January 25, 1978. After the marriage, the relationship between husband and wife was still good. After going through retirement, he started working on his own. In the process of business dealings, he met Zhang XX and often ate at the "XX time-honored" mutton restaurant run by Zhang. Defendant Liu Moumou often came home late at night, which aroused dissatisfaction of private prosecutor Zhang Moumou. For this reason sometimes quarrels arise between husband and wife. One day in mid-to-late November 2001, Liu came home late. The private prosecutor Zhang and the defendant Liu had another quarrel. The defendant Liu left home and went to Zhang House, House 702, No. 3, XX Road, this city. Live in a certain family. On January 15, 2002, Sun, a policeman from the XX Road Police Station of the XX City Public Security Bureau, and Zhang, a community assistant from the XX Road Neighborhood Committee, went to Zhang’s home to investigate the rental housing situation. Zhang was not at home. When asked about Liu’s relationship with During the relationship with Zhang, the defendant Liu told Sun and Zhang that he and Zhang were husband and wife. Based on what Liu said, Sun filled in the relevant contents in the rental housing survey registration form. When Liu signed the form, Sun and Zhang believed that Liu and Zhang were husband and wife. Later, when private prosecutor Zhang Moumou learned that Liu Moumou was living at Zhang Moumou's home, Zhang Moumou and his family went to Zhang Moumou's home to look for Liu Moumou on January 25, 2002, and a dispute broke out. Both parties were sent to a certain road police station to handle the dispute. So far, Liu Moumou has not returned to live in household 401, Unit 1, Building 1, No. 46, XX Road. On February 28, 2002, Liu Moumou filed for divorce from Zhang Moumou.

The above facts are supported by the following evidence that was cross-examined in court: the complaint of the private prosecutor Zhang, the testimonies of witnesses Sun and Zhang, and the documentary rental housing investigation registration form, proving that the defendant Liu From mid-to-late November 2001 to January 25, 2002, XX lived in Zhang XX's home and told Sun XX and Zhang XX that he and Zhang XX were husband and wife. There are testimonies from Guo and Lei, which prove that in early August 2001, Liu and Lei went to the "Xiaoji Time-honored" mutton restaurant, and Liu asked Lei to call Zhang "sister-in-law." Based on this, it is determined that the basic facts that the defendant Liu Moumou and Zhang Moumou lived together in the name of husband and wife in House 702, No. 3, XX Road, this city are clear, the basic evidence is sufficient, and should be confirmed.

This court believes that the defendant Liu Moumou has a spouse and lives with others in the name of husband and wife. His behavior constitutes bigamy and should be punished. Private prosecutor Zhang Moumou's accusation of bigamy against defendant Liu Moumou is established and should be supported. The claim for compensation for mental damage has no basis in law and will not be accepted. Defendant Liu Moumou argued that the defender's defense opinion that Liu Moumou did not constitute the crime of bigamy was rejected by other evidence and was not accepted. Defendant Liu Moumou is a first-time offender. The crime is minor and he can be exempted from criminal punishment. In accordance with the provisions of Articles 258 and 37 of the "Criminal Law of the People's Republic of China", the verdict is as follows:

The defendant Liu Moumou is guilty of bigamy and is exempt from criminal punishment. .

Dissolution of the illegal marriage between Liu and Zhang