Is it illegal to expose a person for cheating? It is unforgivable for many people to cheat, so when others cheat, many people want to expose his behavior. So share it with you.
Is it illegal to expose a person for cheating? 1 If the evidence of extramarital affairs is exposed, it is an infringement of others' privacy rights, a violation of China's Tort Liability Law, and it will bear the liability for creditor's rights.
Article 1032 of the Civil Code has the right to privacy. Natural persons have the right to privacy. No organization or individual may infringe upon the privacy rights of others by spying, harassing, exposing or making public.
Privacy is the private space, private activities and private information that natural people live in peace and don't want to be known by others.
Article 1033 Unless otherwise provided by law or expressly agreed by creditors, no organization or individual may commit the following acts:
(a) by telephone, SMS, instant messaging tools, e-mail, leaflets, etc. Disturb the private life of others;
(2) Entering, taking photos or peeping into other people's private spaces such as houses and hotel rooms;
(3) Shooting, peeping, eavesdropping or revealing other people's private activities;
(4) Shooting or peeping at the private parts of others' bodies;
(5) handling other people's private information;
(6) Infringe upon the privacy of others in other ways.
How to collect evidence of extramarital affairs
In order to prove that the other party has an affair, the evidence collected mainly includes:
1, e-mail, chat history
2. Letter of guarantee or repentance
A letter of guarantee written by an extramarital partner to his spouse, etc. Ensure that he will never have an affair with others again. Such written materials can also help prove that the spouse has an affair. So this kind of "written evidence" can be used as evidence of extramarital affairs.
Step 3 take photos
All kinds of photos showing the intimate relationship between one spouse and a third party can be used as evidence of extramarital affairs.
4. Imaging record
Various videos showing the extramarital affairs between husband and wife and a third party. This kind of extramarital affair is difficult to collect evidence, and it is easy to cause conflicts, infringe on the privacy rights of others, and may also lead to lawsuits that infringe on the privacy rights of others, so it is generally not recommended.
Step 5 record
Record materials when a husband and wife negotiate on the issue of one party's extramarital affairs. If the recorded information collected by the parties admits that they have an extramarital affair, the recorded information can be submitted to the court as evidence of the extramarital affair. However, when submitting the recorded data, one party should be able to prove that it has not been modified.
Is it illegal to expose a person for cheating? 1. Is it illegal to send cheating evidence online?
It is illegal for one party to publish the evidence of the other party's infidelity on the Internet. It is illegal for one party to provide photos directly by name, which may involve invasion of privacy. If one spouse cheats, the other spouse may sue for divorce at the domicile or habitual residence of the other spouse, and provide the people's court with relevant evidence of the other spouse's cheating.
Collecting evidence of the other party's infidelity needs to be obtained under the premise of legality. Evidence collected under the premise of legality can be used as evidence in court. Evidence that can prove cheating, generally should pay attention to collect the following key evidence:
The first is "guarantee" and "repentance". One party has no choice but to write a letter of guarantee and a book of repentance to express remorse, which is the key evidence of extramarital affairs;
The second is prostitution. Usually there will be police intervention, and police transcripts will become important evidence;
Third, after the unit verifies the extramarital affairs of employees, it sometimes deals with their life style problems, and the written materials handled are also an important evidence;
Fourth, letters, text messages, emails, etc. Exchange between the two sides. In addition to written evidence, such evidence should be notarized before being submitted to the court.
Fifth, photos, audio and video recordings, etc. However, we should remind all parties here that such evidence must be obtained legally, otherwise it cannot be used as evidence.
Second, if the other party cheats in marriage, will the court decide to divorce?
If the other party cheats in marriage, the court usually decides to divorce.
Civil code of People's Republic of China (PRC) (202 1, 1, 1 came into force)
Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.
When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.
In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marriage relationship.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.
Although this kind of cheating is illegal, you can't punish the illegal behavior of the parties with another kind of illegal behavior, and you don't need to bear criminal responsibility for cheating. At the time of divorce, the cheating party needs to pay civil compensation to the other party, and the court with cheating behavior is also very likely to decide divorce.
Is it illegal to expose a person's infidelity? Is the exposure of derailment an invasion of privacy?
It depends on what is exposed and how the evidence of derailment is obtained.
Does the extramarital affair investigation violate privacy?
Judicial interpretation protects privacy by protecting reputation. What is the right to privacy? It is generally believed that personal information, quality and private life have the right to be kept confidential and used reasonably. Without its consent, no one may spy, investigate, disclose, use or make public. Once the privacy right of others is infringed, the infringed person can ask the other party to stop the infringement, apologize or even compensate for the mental loss through the lawsuit of reputation right.
So, does taking photos of the extramarital affairs of the other party violate the privacy rights of the spouse and the "third party"?
(1) depends on the location of evidence collection.
1. The place where the evidence of extramarital affairs is obtained is the investigator's own home.
Generally speaking, this situation does not constitute illegal invasion and infringement of citizens' houses, and one spouse also has the right to know the loyalty of the other spouse, that is to say, if married, he will give up part of his privacy.
2. The place where the evidence of extramarital affairs is obtained is in a hotel, the home of a "third party" and other non-public places.
If you break in and get evidence, you may:
(1) trespassing on citizens' houses;
(2) Infringe on the personal privacy of the "third party";
(3) taking coercive measures against others may also involve the crime of illegal detention;
(4) Beating others, resulting in injury, may involve the crime of intentional injury causing minor injuries. From "reasonable" to "guilty".
3. Public investigation of extramarital affairs.
Obtaining evidence in public places such as parks and cafes is regarded as the actor giving up the right to privacy.
(2) Look at the legality of the means of obtaining evidence.
1, the forensic documents used should comply with the law.
For example, some investigation companies claim that spies such as pinhole cameras shoot each other at the temperature of Celsius, which is an illegal way to obtain evidence. Even the evidence taken by the public security organs with spy equipment cannot be used as conclusive evidence, let alone illegally investigating companies.
2. The investigation methods used should be legal.
You can't use illegal stalking, forced photography and other methods to collect evidence, and you can't restrict the personal freedom of others.
(3) How to use it after obtaining evidence.
Improper use of the evidence obtained from the investigation, although the means of obtaining evidence is legal, will also infringe on the privacy rights of others.
Improper use mainly refers to displaying the obtained evidence in front of irrelevant people and publicly displaying the evidence. But submitting it to the court and lawyers is not an invasion of others' privacy.
If you want to expose the evidence of the other party's infidelity, you should also look at the source of the evidence, such as sneak shots, which is naturally illegal.