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The related credit reporting case

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>> Partner having an affair wants to sue adultery necessarily Zhuojian the bed?

Case:

Xiaoli found her husband Minglun with colleagues having an affair with Miss Yang, Xiaoli gas, however, want to go to court Minglun "adultery", I heard that the affair must unto the bed ", however Zhuojian the difficulties, let Xiaoli I do not know how tobetter. Reconciled to her husband's the affair betrayal, Xiaoli doubt knew her husband was having an affair, wants to sue him with the third party adultery necessarily Zhuojian the bed?

解析:

In Article 154 and one hundred fifty-five of the Code of Criminal Procedure provides that the facts of the crime should be identified by the evidence, no evidence shall not be presumed facts of the crime. The probative force of the evidence, the court is free to judge. The so-called "evidence referee 'and' free evaluation of evidence '.

Adultery both the Department of spouses of people commit adultery, Xiaoli divisions Minglun adultery, must prove that the Minglun with colleagues Miss Yang adultery relationship between the court to believe that the existence of the adultery of the facts of the crime, according to adultery before they can be deservedSentencing on.

Adultery of the occurrence of the relationship, and are very secretive, practice adultery direct evidence of an affair is nothing more than "unto the bed, usually, more than one of the spouses to master the location of the other parties and third party accesstime, made ??a report to the district police station, based on the first three-A of the Code of criminal Procedure Subparagraph 3 of advocates "sufficient facts was believed to be, including crime and urgent circumstances, police officers in conjunction with the burglary inside diameter line search adulteryevidence of a crime (by: practice such request the Prosecutor to issue the search warrant, often slow emergency), into the house to search for evidence collection, you should pay attention to the house clothing placement, bathroom, rubbish bins, toilet paper, insurancesets, bed sheets on the presence or absence of residual semen, hair, toilet paper should be accommodating in paper bags, and dried with hot air blower into the house and to the photography, taking pictures as evidence, the adulterer practice Zhuojian how long out of the door, with or withoutclothes, clothing is neat, whether sleeping in one, are one of the judge or evidence of adultery was established.

Of course, if the third party of adultery conceive in your womb and bear a son, and will also direct evidence of the crime of adultery. Course of dealing between the two parties, witnesses and other evidence, such as the two exchanges of letters, photographs and other documentary evidence of an intimate relationship, or friends, colleagues, children, relatives witnessed, will also prove that the circumstantial evidence related to the crime of fornication.

It is worth noting that, in the past many people to video recording, as an affair-evidence collection methods Zhuojian in. 20 April 2000, fourteen updating of the Criminal Law Article 25-1, paragraph 2, no reason to recording, photographing, recording, or electromagnetic records secret recording activities of others closed, speech or conversation, at three years of imprisonment, criminal detention or a fine of three million; communications security and monitor the announcement on July 14 of the same year 13, Article 24 also provides that the illegal monitoring of others communication by five imprisonment Therefore, the current appointedZhengxin SheViolated on open Acts affair the spouse with third party video recording, not the temerity to try, In Otherwise, spouses sometimes Zhuojian not may actually runs the risk of inadvertently breaking the law.

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