Marv theory
Extramarital affairs are difficult to prove. On the one hand, we must produce evidence of extramarital affairs, on the other hand, we must not infringe on the rights of others, including third parties. Maybe, just like Qiu, I tried to catch him and leave the evidence on the bed, but I ended up in a cell. Let's talk about the legal issues involved in this case today.
First, how to evaluate Qiu's behavior?
Qiu led two people into Lai's house. After being discovered, he not only did not quit, but also clashed with Lai. This kind of behavior conforms to the constitutive requirements of the crime of illegal invasion of houses stipulated in the criminal law. Generally, it can be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
In order to prevent Qiu from taking pictures, Lai sprayed pepper water on the three people. After being sprayed with pepper spray, Qiu beat Lai with angle iron and fist, causing minor injuries. According to the provisions of the criminal law, intentional injury to another person's body to the extent of minor injury or above can constitute the crime of intentional injury. Generally, it can be punished with fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Second, if you take a photo of catching a man in bed, can this evidence be accepted?
According to the relevant judicial interpretation, evidence obtained by infringing on the legitimate rights and interests of others or violating the prohibitive provisions of the law cannot be used as the basis for determining the facts of the case. Because the law not only protects the relationship between husband and wife, but also protects the privacy of citizens. Therefore, rape evidence obtained at the expense of others' privacy is invalid.
In this case, Qiu broke into Lai's home without authorization, trying to sneak a shot of his wife's cheating evidence. This kind of behavior has violated the privacy rights of Lai couple, which is not only illegal, but also suspected of criminal offence. Therefore, even if Qiu photographed the evidence of his wife's infidelity, the court would not accept it.
Third, how to correctly collect evidence of extramarital affairs?
First of all, you can collect audio and video recordings that can prove extramarital affairs, but the way to obtain them should be legal. It is acceptable to take evidence at home, but it is difficult to be accepted by the court when breaking into a hotel or someone else's home to take evidence.
Secondly, you can guide your spouse to review his long-term life with his lover in the letter of guarantee and repentance, which can be used as strong evidence of the other party's extramarital affairs.
Finally, collect other evidence to form a chain of evidence, such as chat records, mutual gifts, telephone records, room opening records, witness testimony, police station certificates, house purchase or rental contracts, etc. Form a strict chain of evidence to confirm the facts of extramarital affairs.
My wife is having an affair. What should I do?
Your wife's affair is just to make you angry.
How to check the wife's affair?
Evidence of how to investigate the wife's infidelity can be collected from 1 and direct evidence. Video of sexual intercourse, requiring clear identity of both parties, unedited; Photographs of sexual intercourse scenes, requiring information such as photo source, shooting time and place; Written approval, guarantee, undertaking, admission notice, etc. Written by the party having an affair; In practice, we can guide them to review their long-term life with their lover in the "guarantee" and "repentance", which can then be notarized as strong evidence of "bigamy" or "illegal cohabitation" I accept the recording, and the wrong party admits the recording of extramarital affairs, demanding that the recording be true and legal. This requires that the way of obtaining evidence should be legal. In this regard, you can consult a lawyer first and ask what methods can be used and how to implement them. 2. Indirect evidence. Children born out of wedlock need the consent of the other party, otherwise it is very troublesome to need paternity test; Ambiguous short messages are difficult to obtain, and forwarding them is easy to arouse the suspicion of judges-have they been modified and forwarded to you? If conditions permit, the content of the short message can be notarized in time. Witness testimony, it is difficult to independently prove the facts of extramarital affairs; Audio recordings, some voice recordings related to extramarital affairs; * * * The evidence of renting a house directly proves cohabitation, but it cannot directly prove the occurrence of extramarital sex. Indirect evidence cannot directly prove bigamy or that a spouse lives with others, so other evidence is needed to support it. : obtain evidence. If it can be collected through legal means, it must be collected as much as possible; Pay attention to ensure the original state of evidence and avoid self-defeating and self-deception; Don't trust the so-called investigation company. Most people do nothing and can't do anything after receiving the money. After obtaining the evidence, it is best to transfer it to custody, and consider handing it over to a lawyer for custody. Attention should be paid to the legality of the means of collecting evidence and the effectiveness of evidence. It is recommended to consult a professional lawyer and let him judge for you. You can also notarize the evidence in the notary office to improve the effectiveness. In case the evidence you collected is invalid, the court will not accept it. Legal basis: Article 63 of the Civil Procedure Law of People's Republic of China (PRC). Evidence includes: statements of the parties; Written evidence; Physical evidence; Audio-visual materials; Electronic data; Witness testimony; Appraisal opinions; Interrogation record. Evidence must be verified before it can be used as a basis for ascertaining facts.
My wife is having an affair. What should I do?
Make sure it's true, and then divorce.