Isn't it common in real life that you won't necessarily be punished?
Precisely, this cohabitation is called non-marital cohabitation, not "illegal cohabitation" in some populations, since cohabitation itself is not necessarily illegal.
There are some people who are not married, have a boyfriend and girlfriend, and live together. It is common for older people to live with other people after being widowed or divorced without a marriage license.
Moreover, in reality, if there are no clues about violations and crimes, the public security organs will not come to the door to ask, let alone what to do.
However, in some special circumstances, if the two parties live together without husband and wife, it will constitute a crime of law.
I have been engaged in legal practice for more than 10 years, so let's sort out these special situations:
1. The crime of rape
Many people will say that the crime of rape does not necessarily involve the use of violence, coercion, and sex against the will of the woman? How can voluntary cohabitation also constitute both?
This is actually a half-understanding of the crime of rape.
Under normal circumstances, the premise of constituting the crime of rape is that the woman clearly expresses resistance and opposition, but under the violence and coercion of the perpetrator, she cannot resist, or does not know how to resist, or does not dare to resist, such as in a drunken state, or in the case of threatening with a knife.
However, there are two special circumstances, even if the woman cooperates and agrees, it constitutes the crime of rape:
In the first case, the woman belongs to a girl under the age of 14.
In the second case, the woman is a woman who is sexually defensive.
In both cases, the woman does not have a clear understanding of who she has sex with and the consequences of having sex, as well as the consequences of cohabitation. Having a relationship between the husband and the woman may cause great harm to the woman's body and spirit.
Therefore, no matter how voluntarily and with the consent of the woman, rape is punished.
2. The crime of sabotaging military marriages
This is a relatively special crime, mainly used to protect active duty military personnel.
After all, active-duty soldiers are defending their homes and defending the country, and if their families are unstable, it is easy to affect their psychology.
Article 259 of the Criminal Law clearly stipulates that anyone who knowingly cohabits or marries the spouse of a serviceman on active duty shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Therefore, as long as it is known that the other party is the spouse of an active military member and cohabits with him, it constitutes the crime of breaking the military marriage.
The other party here includes both men and women.
However, there are two prerequisites for constituting a crime:
First, the other party belongs to the spouse of an active-duty military person, and those who have retired are not counted;
Second, the perpetrator is aware of this state, such as the other party has clearly said and seen the other party's marriage photos, marriage certificates, and military officer certificates.
3. The crime of bigamy
This is another relatively specific crime, similar to, but different from, the crime of breaking military marriages.
According to article 258 of the Criminal Law, whoever marries a spouse or marries another person knowing that he has a spouse shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Different from the crime of breaking a military marriage, to constitute the crime of bigamy, it must be "married to it", which is manifested in two specific ways:
The first is to obtain a marriage certificate, and the second is to live together in the name of husband and wife.
It's just that the crime of bigamy has no restrictions on the subject and can be constituted by anyone.