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In law, what evidence is deceptive evidence?
Ensure that the correspondence, email or chat records between the other party and the third party remain unchanged.
In order for this kind of evidence to be accepted by the court, there must be a complete chain of evidence to confirm each other.
In the process of extracting e-mail or chat records, it must be notarized by the notary office. Evidence of extramarital affairs, such as e-mail or chat records extracted by the court when suing for divorce, is difficult for the court to accept.
2. Letter of guarantee or repentance
At the beginning of extramarital affairs being discovered by the other party, some people will write a letter of guarantee or a book of repentance to show their determination to "never do it again" in the future. This kind of guarantee or repentance will be accepted by the court.
Step 3 take photos
Because the evidence of extramarital affairs should be legally obtained, if a detective company is invited to take photos, the understanding of extramarital affairs evidence should be carefully investigated in the operation process to ensure the legitimacy of extramarital affairs evidence, thus achieving the purpose of providing effective evidence of extramarital affairs when the court divorces.
4. Imaging record
If the video taken by the parties in public can be used as evidence, if it is taken secretly, only the video taken in their own home can be used as evidence, while the video taken in the hotel through surveillance video and taken in other people's homes can not be used as evidence.
Step 5 record
When a husband and wife negotiate about an affair, the recorded data are mainly collected by the parties themselves, and there is no need to inform the other party. If the recorded information collected by the parties admits that they are having an affair, the recorded information can be submitted to the court as evidence.
However, you should be reminded that because some digital recordings have the function of modification, the parties concerned should be able to prove that they have not been modified when providing the recordings to the court.
Extended data
Documentary evidence and physical evidence are both physical evidence in the form of articles or words. Material evidence is used in or related to a crime, which can prove the crime and the relevant situation of the crime, such as crime tools, stolen money, blood, fingerprints, footprints, etc. Documentary evidence is a document or other written material that can prove the true situation of a case, such as the correspondence between drug criminals; Documents, books, etc. Changed by corrupt criminals.
The characteristic of material evidence is that there is no subjectivity, and it only proves the facts of the case by its objective existence. Physical evidence must be properly kept in order to maintain its original form. If it is impossible to keep the original state or the material evidence may be lost, the administrative organ must take measures to preserve it.
Witness testimony? It is a statement made by a person who knows the real situation of a case to the judicial organ or relevant personnel based on his own understanding of the case. The Civil Procedure Law stipulates that anyone who knows the circumstances of a case has the obligation to testify in court. The Criminal Procedure Law stipulates that the person who knows the true situation of the case has the obligation to testify to the judicial organ, that is, anyone who knows the situation of the case has the obligation to testify.
Witnesses cannot be appointed at will, nor can they be replaced by others. The Administrative Punishment Law stipulates that when an administrative organ investigates a case of administrative punishment, "the respondent shall truthfully answer the inquiry". This is because administrative organs must be based on facts when dealing with administrative punishment cases. Therefore, when an administrative organ conducts an investigation, the respondent must truthfully state what he knows and shall not commit perjury.
Electronic data refers to words and figures formed by electronic technology, such as e-mail, chat records, etc. 2065438+ A judicial interpretation issued by the Supreme People's Court on February 4, 2005 shows that information formed or stored in electronic media such as online chat records, blogs, micro-blogs, mobile phone short messages, electronic signatures and domain names can be used as evidence in civil cases? [2]? .
Audio-visual materials are data stored on media in the form of analog signals, such as video recording and audio recording.
References:
Baidu Encyclopedia: Evidence
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