Adultery is one of the causes leading to the breakdown of marriages. So, according to legal regulations, how will the act of adultery with a person who is already married be punished?
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Adultery with someone who is married: What are the penalties? (Illustrative photo)
On this issue, the editorial board of LAW SECRETARY provides the following advice:
According to the provisions at point c, clause 2, Article 5 of the Marriage and Family Law 2014, a person who is married and marries or cohabits as husband and wife with another person, or a person who is not married and marries or cohabits as husband and wife with a person who is married, is prohibited in marital and family policies.
Therefore, adultery is understood as an act violating the "monogamy policy". Depending on the level of violation, a person committing adultery with someone who is married will be subject to administrative sanctions or criminal prosecution as provided by law. Specifically, the penalties are as follows:
First: Adultery with someone who is married can be fined up to 5 million VND
Based on the provisions of Article 59 of Decree 82/2020/ND-CP, a fine ranging from 3,000,000 VND to 5,000,000 VND is imposed for violations of the monogamy policy as follows:
- Being married and marrying another person, or not being married and marrying someone known to be married;- Being married and cohabiting as husband and wife with another person;- Not being married and cohabiting as husband and wife with someone known to be married;- Marriage or cohabitation as husband and wife between a person who used to be a parent to the adopted child, father-in-law with daughter-in-law, mother-in-law with son-in-law, stepfather with stepchild, stepmother with stepchild;- Obstruction of marriage, demanding property for marriage, or obstruction of divorce.
Thus, based on the above regulation, a person who commits adultery with someone known to be married will be fined from 3 to 5 million VND. Simultaneously, a person who is married and commits adultery with another will also be fined from 3 to 5 million VND.
Second: Adultery with someone who is married can be jailed for up to 3 years
A person committing adultery, apart from administrative fines, can also face criminal charges for violating the monogamy policy, depending on the level of violation. Specifically, Article 182 of the Criminal Code 2015 stipulates penalties for adultery as follows:
“Article 182. Crime of violating the monogamy policy
1. A person who is married and marries or cohabits as husband and wife with another person, or a person who is not married and marries or cohabits as husband and wife with someone known to be married, in one of the following cases, shall be subject to a warning, non-custodial reform for up to one year, or imprisonment from 3 months to one year:
a) Causing the marriage of one or both parties to break down leading to divorce;
b) Having been administratively sanctioned for this act but reoffending.
2. In one of the following cases, the offender shall be subject to imprisonment from 6 months to 3 years:
a) Causing one party's spouse or child to commit suicide;
b) A court has annulled the marriage or required the termination of cohabitation contrary to the monogamy policy but the relationship continues.”
Thus, according to the above regulation, a person who commits adultery with someone known to be married shall be subject to a warning, non-custodial reform for up to one year, or imprisonment from 3 months to one year if causing the marriage to break down leading to divorce or if the person has been administratively sanctioned and repeats the offense. Additionally, if the act of adultery causes one of the spouses or their children to commit suicide, the offender shall be subject to imprisonment from 6 months to 3 years.
It can be seen that adultery with someone known to be married is prohibited by law. However, in practice, in order to sanction those who commit adultery, the spouse must have evidence proving the violation of the law. Such evidence may include:
- Messages, photos, audio recordings, or videos showing signs of the spouse's adultery.- Proof of adultery can be established if the two people have a child together or through neighbors or relatives to confirm they have a child together.- Additionally, evidence can be the testimony of the husband or wife or the third party.
Ty Na
