Within society there is a large number of norms and laws that allow us to keep our work regulated, one of these are the illegal marriage crimes. This is a crime that carries prison sentences and penalties for people.
The illegal marriage crimes They can be perpetrated in different ways, on this occasion, we will be talking everything about this crime, starting from the ways in which the articles that penalize it are discussed and much more.
Stay with us and learn everything we have for you.
which are the illegal marriage crimes?
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Within the illegal marriage crimes There are different ways to commit it, among these we can mention:
crime of bigamy
This is considered one of the best known, this crime occurs because one of the parties to the marriage contracts another marriage without the completion of the current one.
It is found in the law in the article 217, which dictates that:
“Whoever contracts a second or subsequent marriage, knowing that the previous one legally subsists, will be punished with a prison sentence of six months to one year.”
As we can see, he has a prison sentence, which is not short at all. This crime is based on taking advantage of the benefits of marriage, which can occur in different circumstances.
As its name says, this is the most common way to commit illegal marriage crimes, in which the person contracts another marriage, knowing that the previous one has not been dissolved. For this crime to be sentenced, the person must have direct intent, which means that they must be aware of the validity of the current marriage and contract a new one.
Likewise, there are many parties involved in this crime, one of these is the “active subject.” This is nothing more than the person in charge of carrying out the crime, who is aware of everything.
Likewise, within the crime there may be a participating person, who is unaware of the nature of the crime or may also have the role of cooperator. In the latter case, the other party to the illegal marriage is aware of the crime that is being perpetuated.
Illegal marriage in which the intention is to harm the spouse.
Within our penal code, in article 218, we have:
"1. "Whoever, to harm the other party, celebrates an invalid marriage will be punished with a prison sentence of six months to two years."
"2. The person responsible will be exempt from punishment if the marriage is subsequently validated.”
As we already mentioned, within these crimes the active subject is the one who is aware of the crime, therefore, in this case he is aware that the marriage is invalid. What are the most common reasons why a marriage is invalid? We can mention minority, person already married or the so-called tainted consent.
Inside of the illegal marriage crimes, the situation directly affects the contracting party, since the legal act becomes invalid. Likewise, we must mention that the active subject can be free of any charge, if the marriage becomes valid later.
Authorization of illegal marriages
People who perform an illegal marriage are sentenced by law, however, those who authorize this marriage must also be apprehended, let's see what the law tells us about this:
"1. Whoever authorizes a marriage in which there is any cause of nullity known or reported in the file, will be punished with the penalty of prison from six months to two years and special disqualification for employment or public office from two to six years.”
"2. If the cause of annulment is dispensable, the penalty will be suspension from employment or public office of six months to two years.”
For this situation, the active subject becomes the person who is in charge of authorizing the marriage, knowing that it is illegal. Now, the couple become passive subjects, however, this does not take away the responsibility and the penalty that they must comply with.
Now, who can authorize these illegal marriages? Any person who has the power by the state to marry 2 individuals, whether called a mayor or a judge.
What is the difference between bigamy and polygamy?
Polygamy is also punishable in Spain, regardless of the country where the person comes from or where the first marriage took place. Now, to know this difference, we have to start by knowing the etymology of each word, therefore, “gamia” comes to mean marriage and “poly” means many.
Now, if we look at bigamy it is different, since “bi” means that there are 2. Polygamy is legal in many countries, most of which are on the African continent.
In Spain, polygamy exists, but in secret, since nothing allows a man to have several women in his home, however, what is not allowed is for each of them to be presented as his wife.
If there is a divorce procedure, can you remarry?
This is a quite interesting question, to which the answer is no, the only way for the person to remarry is for the previous marriage to be totally invalidated. There is no type of management that can allow marriage during a divorce process.
As we can see, illegal marriages have a fairly harsh legal penalty and can lead to employment problems in the future.