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Can chat records be used as legal evidence of cheating?
Chat records can be used as evidence of cheating, as follows:
Chat records can be used as litigation evidence under certain circumstances, but the premise must conform to the "three characteristics" of litigation evidence.
1. Chat records must be objective and true as evidence. Objective truth means that litigation evidence must be objective facts that can prove the truth of the case, and it does not depend on subjective consciousness. Chat records should be formed in the civil activities carried out by the parties, and their contents can be known by the other party and copied in a certain way;
2. As evidence, the chat record must be related to the facts of the case. Relevance means that the facts as evidence not only exist objectively, but also have logical connection with the facts to be ascertained in the case to illustrate the facts of the case. The content of the chat record itself should be related to the facts of the case;
3. Chat records must be legal. Legality means that evidence must be provided by the parties in accordance with legal procedures, or investigated, collected and examined by legal organs and lawyers in accordance with legal procedures.
The so-called evidence ability refers to the legal qualification of some factual materials as litigation evidence, so it is also called evidence qualification. The ability of evidence is a legal issue, and whether it has the ability of evidence should be stipulated by law or determined by the Supreme Court through judicial interpretation. There is no problem with the evidential ability of chat records, which can be used as litigation evidence to prove the facts of the case.
Evidence of cheating should be collected as follows:
One is a letter of guarantee, an apology letter, etc. The sudden exposure of extramarital affairs, and one party wrote a letter of guarantee in despair to express remorse, is the key evidence of extramarital affairs.
The second is the incident of whoring, and there is a police record.
Third, after the unit verifies the extramarital affairs of employees, it sometimes deals with their life style.
Fourth, letters, text messages and emails exchanged by both parties.
The fifth is to catch him in bed.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 67 of the Civil Procedure Law of People's Republic of China (PRC).
The parties have the responsibility to provide evidence for their claims.
The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case.
The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures.
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