Is having an affair with another man considered a violation of monogamy?
(Baonghean.vn) - During the marriage, if my wife had an illicit relationship with another man, would that be considered a violation of monogamy? - A concern of Mr. Tran Van T. (Quynh Luu).
The crime of violating the monogamy regime is regulated in Article 182 of Chapter XVII of the 2015 Penal Code and the Law amending and supplementing a number of articles of the 2017 Penal Code with the following penalty framework:
* Frame 1:
A person who is married and marries or lives with another person as husband and wife, or a person who is unmarried and marries or lives with a person whom he or she clearly knows to be married and in one of the following cases, shall be subject to a warning, non-custodial reform for up to 01 year, or imprisonment from 03 months to 01 year:
- Causes the marital relationship of one or both parties to lead to divorce;
- Having been administratively punished for this violation and still violating.
* Frame 2:
Committing a crime in one of the following cases shall be punishable by imprisonment from 06 months to 03 years:
- Causing the wife, husband or child of one of the two parties to commit suicide;
- There has been a court decision to annul the marriage or to force the termination of cohabitation as husband and wife contrary to monogamy but the relationship is still maintained.
Thus, the lowest penalty for violating the monogamy regime under the Penal Code is a warning, non-custodial reform for up to 01 year or imprisonment from 03 months to 01 year, and the highest is imprisonment from 06 months to 03 years.
