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老公外遇调查取证:哪些方式不被法院采纳

发布日期:2019-07-05 浏览次数:14

在如今这个物欲横流的花花世界当中,出轨早已经成为一件平常之事,我们几乎每天都可以看到或听到原配捉奸取证,街头暴打小三等的相关新闻,难道取证只有这一种方式吗、。这种方式法院真的会采纳,今天花镇小编就想跟大家说说老公外遇调查取证中哪几种方式是不会被法院采纳的。老公外遇调查取证:哪些方式不被法院采纳

In today's materialistic world of flowers and flowers, derailment has already become a common thing. We can see or hear the news about the original arrest of adultery and the beating of the third class on the street almost every day. Is this the only way to obtain evidence? This way the court will really adopt, today Huazhen Xiaobian wants to tell you which ways of husband's extramarital investigation and evidence collection will not be adopted by the court. Husband's External Affairs Investigation and Evidence Collection: Which Ways Are Not Adopted by the Court

一、老公外遇调查取证:不被法院采纳的方式

First, Husband's External Affairs Investigation and Evidence Collection: Ways Not Adopted by the Court

1、跟踪拍照

1. Follow-up photography

经常有人咨询,问如果拍到丈夫和别的女人牵手、搂搂抱抱、接吻等亲昵的照片,能不能证明丈夫有婚外情?现代社会,异性之间短暂的牵手、搂抱此类行为在朋友之间是时常发生的,因此并不能以此来证明存在婚外情。接吻的行为似乎比前二者更为亲密,但要注意证据的合法性,可能因涉嫌侵犯他人的隐私权而不能被采信。而且,同样存在以明知被跟踪而演戏等说辞来抗辩的可能。

People often ask if they can prove that their husbands have extramarital affairs if they take pictures of their husbands holding hands, hugging and kissing with other women. In modern society, short-term hand-holding and embracing between opposite sex occur frequently among friends, so it can not be used to prove the existence of extramarital affairs. Kissing seems to be more intimate than the former two, but attention should be paid to the legitimacy of the evidence, which may be suspected of violating the privacy of others and can not be accepted. Moreover, there is also the possibility of defending with words such as acting, knowing that they are being followed.

2、酒店开房记录

2. Hotel Opening Records

根据公安部相关规定,公民入住旅馆开房时,每个人都必须出示身份证如实登记。因此凡在酒店开房住宿的,除因会客等原因短暂停留外,大都是会留下酒店开房记录的。在老公外遇调查取证过程中,经常会以酒店开房记录来证明其出轨行为的情形。而此类证据缺乏两个要件:一是不能证明二人开房的目的及实际行为;二是酒店开房记录的证据来。源往往很难通过合法程序取得,通过调查公司等渠道取得的开房记录,因涉嫌侵犯隐私将不被法庭采信。

According to the relevant provisions of the Ministry of Public Security, every citizen must show his identity card to register truthfully when he checks in and opens his room in a hotel. Therefore, all hotel accommodation, in addition to short stays due to visitors and other reasons, will mostly leave hotel opening records. In the process of husband's affairs investigation and evidence collection, Hotel opening records are often used to prove his derailment. However, such evidence lacks two elements: one is that it can not prove the purpose and actual behavior of the two persons; the other is that the evidence of hotel opening record comes. Sources are often difficult to obtain through legal procedures. Opening records obtained through investigating companies and other channels will not be accepted by the courts for suspected privacy violations.

3、在家安装摄像头

3. Installing Camera at Home

以防窃为名在客厅、卧室等处安装摄像头,拍摄到的一方与第三者在居所发生性行为的视频,在证据效力上是否存在瑕疵呢?在夫妻二人共同生活的居所,安装摄像头,应当征得对方的同意,否则即使拍到一方与第三者性行为的视频,仍然存在因侵犯隐私而不被法庭采信的可能。

In order to prevent theft, we should install cameras in living rooms, bedrooms and other places. Is there any defect in the evidence validity of the videos taken by the first party and the third party when they are living together? In the residence where the husband and wife live together, the installation of cameras should obtain the consent of the other party, or even if one party and the third party have sex. Video still has the possibility of not being accepted by the court because of invasion of privacy. 

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