How to collect evidence of infidelity

Collecting evidence of the other party's infidelity needs to be obtained under the premise of legality. Evidence photographed and recorded in secret under the premise of legality can be used as evidence in court.

The purpose of claiming compensation in divorce proceedings is difficult to achieve. Therefore, we should try our best to collect all kinds of divorce evidence, form a strong evidence chain and reflect each other. When marriage encounters an affair, try to collect the following evidence:

I. Preservation of electronic evidence

Such evidence can be collected for the content of SMS, email, QQ chat and WeChat chat between one spouse and the cheating partner (The Infiltrator software). After getting the mobile phone, you can entrust the public security department to handle such evidence in a fixed way. If the conditions don't allow, you can find a way to save it yourself. Mobile phone messages can be taken with your mobile phone with a digital camera, and computer and network data can be intercepted and saved in full screen.

Second, preserve written evidence.

1. Written materials in the form of "confession", "confession", "guarantee" and "agreement" written by one of the husband and wife in the early stage of the sudden exposure of the extramarital affair because of emotion, urgency or remorse;

2, one of the parties to the marriage has prostitution, illegal cohabitation and other acts, the police involved in the handling of the record materials;

3, the service unit found that one of the parties to the marriage has prostitution, extramarital affairs and other acts. There may be some processing decision documents;

4. Written materials about extramarital affairs or illegal cohabitation written by insiders or witnesses.

Third, the collection of audio-visual evidence.

1. The recorded data of marriage negotiation are mainly collected by the parties themselves;

2. Entrust a private detective of a third-party investigation company to collect videos and photos of the cheating party and the third party's behavior in public places, such as double entry, hand-in-hand hug or entering and leaving the room, which is safer and more reliable and has evidence effect.

Fourth, collect on-site evidence.

It is more telling to collect the on-the-spot evidence of catching him in bed, preferably shooting a video. This kind of evidence is difficult to collect, and it is also easy to cause fierce real conflicts; It should be noted that there is great controversy in the judicial field about the collection method of such evidence; It is risky and precedent for the defendant to go to court for allegedly infringing on the personal privacy of a third party.

Legal basis:

Provisions of the Supreme People's Court on Evidence in Civil Procedure

Article 21 Documentary evidence collected by a people's court may be the original, or it may be a verified copy or duplicate. If it is a copy or reproduction, the source and evidence collection shall be explained in the investigation record.

Article 22 The material evidence collected by the people's court shall be the original. If it is really difficult for the respondent to provide the original, it may provide copies or video materials. If photocopies or video materials are provided, the evidence collection shall be explained in the investigation record.

Article 23 When investigating and collecting audio-visual materials and electronic data, the people's court shall require the respondent to provide the original carrier.

If it is really difficult to provide the original carrier, a copy can be provided. If a copy is provided, the people's court shall explain its source and production process in the investigation record.

Where the people's court adopts evidence preservation measures for audio-visual materials and electronic data, the provisions of the preceding paragraph shall apply.

Derivative problem:

What should I pay attention to when collecting evidence of cheating?

Evidence needs to meet the following conditions before it can be recognized by the court in litigation:

1. The evidence needs to be objective and true.

The objective authenticity of evidence means that the factual materials as evidence must exist objectively. This requires that the parties must provide true evidence to the people's court when giving evidence, and must not forge or tamper with the evidence.

In the event of a divorce dispute, the hotel opening records obtained by one spouse are often obtained through the internal relations of the public security system or through social investigation companies, so such hotel opening records are often not stamped by the company, and it is difficult to prove the objectivity and authenticity of such hotel opening records.

Of course, if the parties can hire a lawyer to apply to the court for an investigation order according to the hotel opening record without company seal, then the hotel opening record obtained according to the investigation order will be objective and true.

2. The evidence must be relevant.

The relevance of evidence means that evidence must be intrinsically related to the facts to be proved in the case. In other words, only the factual materials that help to identify the facts of the elements have legal significance.

As for the hotel check-in records, they are only indirectly related to the extramarital affairs of one spouse, and cannot directly prove that one spouse has extramarital affairs or has extramarital sexual relations with others, because they may be used for extramarital affairs, business trips and work negotiations.

3. The evidence needs to be legal.

The legality of evidence means that the factual materials as the basis of the case must conform to the legal form of existence, and the applicable processes and procedures such as obtaining, providing, examining, preserving, identifying and cross-examining evidence must also conform to the legal provisions.