Can hotel surveillance be used as evidence of cheating?

Legal analysis:

1. Chat records and emails

If you want the text messages, emails, and chat records between the cheating party and a third party to be When the court accepts the evidence, it must ensure that there is a complete chain of evidence so that they can corroborate each other. For example, who has the account, who sent the message, what is that person’s true identity, etc.

In addition, during the process of extracting emails or chat records, it is recommended to go to a notary office for notarization, otherwise it will be difficult to be accepted by the court.

2. Letter of Guarantee or Letter of Repentance

After the affair is exposed, if the cheating party has their fingerprints on the letter of repentance or letter of repentance, the credibility will be greatly enhanced. After all, it was admitted by the other party in black and white, which is one of the important pieces of ironclad evidence.

However, some cheating parties may argue that they were coerced by the other party into writing the letter of guarantee. However, according to the principle of "who claims, who provides evidence", if the cheating party does not have enough evidence to prove his statement, it will be difficult for the court to accept it. Because both spouses are mostly people with civil capacity, they should be able to predict the consequences when writing this letter of guarantee.

3. Intimate photos

Photos showing the intimate relationship between the cheating party and a third party can be used as evidence of extramarital affairs.

But here you must pay attention to the legality of the acquisition method! In order to establish evidence that their spouse is having an affair, some people may hire a private detective to follow and take photos. However, filming without the consent of the person concerned may infringe on the privacy of others. Such evidence will not be admitted by the court.

4. Audio and video recording

Audio recordings can be used by the court as evidence of extramarital affairs, but when submitting audio recordings, be sure to prove that they have not been modified.

Furthermore, video recordings of extramarital relationships between the cheating party and a third party in public can be used as evidence.

But be careful not to infringe on other people’s privacy! If it is a candid video, it can only be a video taken in your own home. Those who break into other people's homes and those captured through hotel surveillance video cannot be used as evidence.

This type of evidence is difficult to collect, can easily cause conflicts, and easily infringes on other people's privacy rights, and may cause lawsuits for infringing on other people's privacy rights, so its use is generally not recommended.

5. Police transcript

If you know the other party’s exact room opening information, you can call the police and ask the police to check the room. Police records and case records are strong and irrefutable evidence. In divorce proceedings, the parties can apply to the court to obtain relevant police transcripts or hotel surveillance videos as evidence.

Legal basis:

Article 1091 of the "People's Republic of China and Civil Code" If one of the following circumstances leads to divorce, the party without fault shall have the right Request damages for: (1) Bigamy; (2) Cohabitation with others; (3) Domestic violence; (4) Abuse and abandonment of family members; (5) Other major faults.