The bigamy in Peru
Configures the crime of bigamy when the person got married and taking awareness and willingness of this, collapses a second marriage that would not have a civil effect. Please note that the bigamy is one of the causes of invalidity of the marriage and is set in the art. 274 Inc. 3 of the Civil Code of Peru.
In should be noted that to configure the bigamy must exist essentially the dolo, i.e. the full knowledge that the first marriage is not dissolved, and even so the person decides to marry again. Therefore, the crime of bigamy, consumed when it is celebrated the second marriage.
In case, the new pair of the bigamist, was aware of the first marriage and even so, decides to marry, will also be considered as an active subject of the crime of bigamy.
It is important to mention that the divorce will be reached only when the registration in the Civil Register is done.
According to the cases that we receive in Legal Result Lawyers, there are people who have been married again, without who have registered their divorce.
Other married in Peru and they divorced in Spain for example. In this case, is important and essential that the divorce is also enrolled in Peru, and this is done through the exequatur, which is the approval or the recognition of the foreign judgment.
In other cases, having failed to obtain a divorce in Peru, decide to get married again abroad, and it is here where problems arise if you test the dolo, i.e. the decision to marry again, even knowing that it is married.
The nullity of marriage for bigamy may be brought either by the Public Ministry or who may have a legitimate interest and that it is current. Similarly, if the nullity is manifested, the judge may declare ex officio, as set out in art. 275 of the Peruvian Civil Code.
As mentioned in this article, in the case of bigamy, one could be denounced by the following crimes:
Bigamy, art. 139 of the Peruvian Penal Code – crimes against the family
«The married who get marry again shall be punished with imprisonment for not less than one and not more than four years. If respect to their civil status, mislead to the person with whom get the new marriage, the penalty shall be imprisonment of not less than two or more than three years.
In this case the second marriage is null, however, the second wife could exercise their civil rights always and when not have had knowledge that the husband or wife (bigamist) has been married, in this case would apply the art. 284 of the Civil Code. In this type of processes, it is necessary to prove the bad faith.
Bigamy, art. 140 of the Peruvian Penal Code – crimes against the family
The not married who knowingly, marries with married person shall be punished with imprisonment of not less than one and not more than three years.
Ideological falsehood, art. 428 of the Peruvian Penal Code
«that who inserts or make to insert, in public instrument, false statements …with the aim to use it as if the statement is in accordance with the truth…shall be punished with imprisonment of not less than three nor more than six and one hundred and eighty to three hundred and sixty five days fine…..»
The ideological falsehood is denounced by the RENIEC in Peru, it is an offense against the public faith.
If you find yourself in this situation, try to put to right as soon as possible in order to avoid future problems.
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Abogada española por la Universidad de Alcalá de Henares, Madrid. Realizó estudios de Administración Pública en la Universidad de Gotenburgo, Suecia. En el Perú estudió Derecho en la Universidad San Martín de Porres. Trabajó en el Poder Judicial de Gotemburgo en el área de Derecho Concursal. Experiencia con Derecho Internacional, Inmobiliario, Empresarial y Familia. Colegiada en el Colegio de Abogados de Lima y en Barcelona. Idiomas: sueco, inglés, alemán y castellano.