Supreme Court, The Diary of one spouse and the other spouse to submit as evidence in court, and obtained in an unlawful manner, this weblog is suggested that event-related decisions; and easily obtainable by the wife of the log joint in the housing is in a location, expressed that they do not violate any of the spouses to each other’s private life, and this behavior was not ruled that a violation of law, established in compliance with the law is adopted. But if the party presenting the evidence had obtained this diary in an unlawful act and submitted it to the court; for example, if the other party had obtained the diary in question by violating the immunity of housing from the residence where he lives separately, then this evidence would have been considered illegal evidence according to the Supreme Court.
In criminal proceedings, unlawful evidence is most often discussed in terms of evidence obtained by torture. In civil proceedings, for example, one of the spouses may print a confession letter to the other spouse through threats. He can produce evidence contrary to the law.
So, how will the spouse prove the claim that he will put forward in the divorce case? For example, how should a wife who thinks that her husband has committed adultery prove this claim? This is also an important problem. The party obliged to prove must act in accordance with the law and prove its claims in accordance with the law.
Again, the 2nd Supreme Court. The Law Department has considered the recordings illegal because the behavior of the husband who recorded the conversations belonging to his wife with this program by installing a spy program on his wife’s phone violated the freedom of caste and communication to private life in an incident that he examined with illegal evidence. It is a criminal act for the husband to obtain the interview and audio recordings of the wife with the spy program.
It’s now 2. The Legal Department also considers such situations to be unlawful evidence.
IS THE EVIDENCE OBTAINED BY CHANCE CONSIDERED TO BE IN ACCORDANCE WITH THE LAW?
Court of Cassation 2. The Legal Department has partially accepted the evidence obtained by chance in accordance with the law. For example, cameras installed for the safety of children are known to spouses, and despite this, if one of the spouses has been violent to the other, the other spouse can use this evidence is evidence obtained by chance.
Until the decision is finalized, the evidence submitted by the parties should be stored in the file, even if it is illegal, but the drawbacks of this should also be eliminated. For example, these evidence should be protected for the reason that it is stored in the court vault and already carries records related to private life, even if it is against the law.
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