Bigamy

Legal defence in bigamy cases

The offence of bigamy (Article 376 of the Criminal Code) falls within the category of offences against the family and protects the monogamous nature of marriage in Romania. The offence takes two forms: entering into a new marriage by a person who is already married (punishable by imprisonment from 3 months to 2 years or a fine), and entering into marriage by an unmarried person with a partner whom they know for certain to be married (punishable by imprisonment from one month to one year or a fine). In both cases, the previous official civil status and knowledge of it are the central pillars of the prosecution. The involvement of a criminal defence lawyer is essential to analyse the sequence of civil-status records, their validity and the existence of good faith when the new marriage was solemnised.

Analysis of previous civil status, mistake of fact and defence strategies

Because bigamy affects public order and the legal framework of the family, prosecution is initiated ex officio. Consequently, the legal strategy must focus on challenging the validity of the previous marriage or the absence of the subjective element (intent). The defence will concentrate on proving that the first marriage was void, had already been dissolved by a divorce judgment (even if it had not yet been entered in Romania’s civil-status registers), or that the first spouse had died before the new union was solemnised. For the unmarried partner, a highly effective defence involves invoking mistake of fact (good faith): demonstrating that they were misled by the other spouse and genuinely believed their partner to be single or divorced, an element that removes the criminal nature of the act and leads to an outcome of acquittal or discontinue.

Urgent legal assistance in Romania

Divorces granted abroad that have not yet undergone recognition proceedings in Romania (exequatur) or administrative errors in civil-status registration can create situations in which a person enters into a new marriage while legally still bound by the former marriage. Basuc Cosmin Law Office offers you specialist legal assistance and representation before the prosecution authorities. We assist you at interviews within Romania, analyse civil-status documents obtained in Romania or abroad and provide a dynamic defence before competent district courts, acting professionally to clarify your family circumstances and protect your freedom and reputation.