Criminal law punishes the crimes of illegal marriages in the articles 217 to 219.The criminal code provides for three cases of illegal marriage.
Penalty for the crime of illegal marriages: from six months to one year in prison.
The legal asset protected against this type of crime is the legal, conscious and voluntary union of two people.
Active subject: the part of the marriage that contracts it for the second time without having canceled the previous one (article 217 CP), the one that contracts marriage with knowledge that it is invalid (article 218 CP), the one that authorizes the marriage with knowledge that one of the essential requirements is missing (article 219 CP).
Passive subject: the part of the marriage that marries for the first time (article 217 of the CP), the person who suffers the invalid marriage (article 218 CP). Person who authorized the marriage knowing the existence of a cause that prevents them from getting married, only if they are not aware of their existence (article 219 CP)
Action: The first case of illegal marriage consists in the celebration of the new marriage, the previous one remaining while in the two other cases, the crime of illegal marriage resides in the concurrence of one of the causes of invalidation at the time of celebrating it (article 218 ) or authorizing it (article 219).
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