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Penalties for the crime of violent interference with marital freedom in 2022
Time:2025-08-28 Views:1549
I. What is the crime of violent interference with the freedom of marriage
The crime of violent interference with the freedom of marriage refers to the act of using violent means to interfere with another person's freedom to marry or divorce. Article 257 of the Criminal Law stipulates: "Whoever interferes with another person's freedom of marriage by violence shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention." Whoever commits the crime mentioned in the preceding paragraph and causes the death of the victim shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years.
Ii. Main Characteristics of the Crime of Violent Interference with the freedom of Marriage
1. The criminal subject is a general subject. In real life, it is most common for parents to interfere with their children's freedom of marriage, followed by children interfering with their parents' remarriage. There are also cases where relatives and others interfere with others' freedom of marriage. Furthermore, if a husband beats his wife when she files for divorce, thereby preventing her from exercising her right to divorce freely, considering the special relationship between the couple, he is generally not punished for this crime.
2. The object of infringement is a complex one, which not only infringes upon others' freedom of marriage but also their personal rights.
3. The subjective aspect is due to direct intent.
4. Objectively, it is manifested as the act of the actor using violent means to interfere with another person's freedom of marriage. The use of violence is a prominent feature of this crime in the objective aspect. Without violent interference, this crime does not exist. Violence refers to the methods of physical coercion such as punching, kicking, binding, confining and forcibly snatching against those who intend to marry or divorce.
Iii. Penalties for the Crime of Violent Interference with Marriage Freedom
Article 257 of the Criminal Law stipulates: "Whoever interferes with another person's freedom of marriage by violence shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention." Whoever commits the crime mentioned in the preceding paragraph and causes the death of the victim shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years. The first crime is dealt with only upon complaint. "Only upon complaint will the matter be dealt with" means that the matter will only be dealt with upon the victim's complaint. If the victim is unable to report due to coercion or intimidation, the People's Procuratorate and the victim's close relatives may also report. The crime of violent interference with another person's freedom of marriage often occurs when parents are dissatisfied with their children's marital choices or force their children to choose a partner that satisfies the parents. There are also children who are dissatisfied with their parents' choice of remarriage after divorce.
Based on the content of the above article, we can know that the objective characteristics of the crime of violent interference with the freedom of marriage are manifested in the act of interfering with others' freedom of marriage by violent means, while the subjective aspect is the direct intention. In real life, parents tend to interfere more in their children's marriages, while children interfere less in their parents'. The above is all the content about the penalties for the crime of violent interference with the freedom of marriage. If you have any other legal questions you don't understand, you are welcome to consult the lawyers of Faneng Law Firm! Sichuan Faneng Law Firm is dedicated to serving you.