From a legal perspective, Lawyer Nguyen Thi Thu – Hanoi Bar Association said that Article 59 of Decision 82/2020/ND-CP stipulates that a fine of 3-5 million dong will be imposed on those who commit any of the following acts:
Married or married but married to someone else, unmarried or unmarried but married to someone he knows to be married or currently married; Married or married but live as husband and wife with other people.
If there are enough signs to constitute a crime, a person committing adultery can be criminally prosecuted for the crime of violating the monogamous regime.
Adultery with a married person is punishable by up to 3 years in prison (artwork)
Article 182 of the 2015 Criminal Code changes the provisions, people who are married or live together as husband and wife with other people or people who are not married or are not married but are married or live as husband and wife with other people who they know clearly. that he is married or has a wife in one of the following cases: Causes the marital relationship of one or both parties to result in divorce; Those who have been subject to administrative sanctions for these acts but continue to violate them will be subject to a warning, non-custodial reform of up to 1 year or imprisonment of between 3 months and 1 year.
Depending on the framing situation, the convict should receive the lowest sentence of non-custodial reform of up to one year and the heaviest sentence of up to three years – Lawyer Thu stressed.
Thus, the subject of adultery is a person who is married or has a husband who is married or lives as husband and wife with another person; A person who is unmarried or unmarried but married or living together as husband and wife with someone he knows is married.
Cohabitation as husband and wife is often indicated by having children together, being considered by neighbors and the surrounding community as husband and wife, having joint assets that have been educated by families, agencies and organizations but are still maintained.
However, according to Lawyer Thu, the person who committed the act can only be prosecuted for this crime if he is involved in one of the following cases: Making a marital relationship of one or two parties leading to divorce; Has been administratively sanctioned for this action but is still doing it; Causing the spouse or child of either party to commit suicide;
There has been a court decision that annuls the marriage or is forced to break up a husband and wife relationship that is contrary to monogamy, but still maintains the relationship.
If it is determined that the insiders have only an emotional relationship, but do not live together as husband and wife, it is difficult to have a reason to sanction or criminalize these people.
On the other hand, if a person posts false information on a social network, he or she can be subject to administrative sanctions or even be prosecuted for criminal liability for slander or providing or using computer network information illegally. , telecommunications network – said Lawyer Thu.
at Blogtuan.info – Source: Eva.vn – Read the original article here
