Is it illegal to expose cheating on the Internet? It is not without warning that others will change their minds and cheat. The love between husband and wife also needs to be managed together, and communication with each other is also very important. Share with you, is it illegal to expose cheating on the Internet?
Is it illegal to expose cheating on the Internet? 1 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 make civil compensation to the other party, and the court with cheating behavior is also very likely to decide divorce.
Is it illegal to expose cheating on the Internet? 1. Is it illegal to send cheating evidence online?
1. It is illegal to post evidence of cheating on the Internet. If you directly name names and provide photos, it 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.
2. Legal basis: Article 22 of People's Republic of China (PRC) Civil Procedure Law.
A civil action brought against a citizen shall be under the jurisdiction of the people's court of the defendant's domicile; If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence.
A civil lawsuit brought against a legal person or other organization shall be under the jurisdiction of the people's court where the defendant is domiciled.
Where the domiciles and habitual residences of several defendants in the same lawsuit are under the jurisdiction of two or more people's courts, they shall be under the jurisdiction of each people's court.
2. What are the evidences of marital infidelity?
Evidence of marital infidelity includes:
1. Documentary evidence, including mobile phone text messages between spouses and third parties, letters that can prove that spouses have extramarital affairs;
2. Physical evidence, including personal items given to the spouse by a third party, such as mobile phones and clothes;
3. Audio-visual materials, including husband-and-wife videos of spouses and third parties, recordings of intimate conversations between spouses and third parties, and rape;
4. Witness testimony, including "guarantee letter" and "apology letter" written by one party;
5. The conclusion of appraisal and inquest includes finding that the spouse and his legitimate children are not his own children through paternity test, and conducting an inquest on the scene where the spouse lives with a third person.
Is it illegal to expose cheating on the Internet? 3. Does exposure cheating violate 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 other party's extramarital affairs violate the privacy rights of spouses and "third parties"?
(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. I want to collect evidence of the other party's infidelity in a legal way and safeguard my rights and interests.