Private investigator hired to investigate extramarital affair is sentenced to 1 year in prison

婦幼徵信公司When you see calluses on the inner knuckles of your right index finger, you know that the person has been using a gun for years. When seeing someone’s cigarette lighter is full of scratches, judge that the person put the key together with the lighter… Such supernatural reasoning often appears in works of art such as sherlock, describing the process of “private detective”. In reality, China’s “private detectives” are not so magical. They do not have the right to investigate criminal cases, or even have been legalized. Companies named after “private detective offices” are prohibited by law. Recently, a “private detective” has been criminally punished for breaking the law while helping others investigate. In recent years, many private detective offices under the name of “consulting companies” have “helped” married women fight for their marriage, providing services such as investigation of extramarital affairs for women whose marriage is on the red light, but the investigation of “detectives” will violate the criminal law. The people’s court of huqiu district, suzhou city, jiangsu province, recently sentenced the defendant li mou to one year in prison for illegally obtaining personal information of a citizen. The court heard that in August 2014, wang wanted to get a divorce after discovering that her husband had cheated on her. However, in consideration of the reasons for child custody and property, wang hoped to collect ev警民徵信社BLOGidence of her husband’s cheating. After wang mou recommends to find a through the friend “rely on” local private detective agency, pass WeChat get in touch with the other side, hope detective agency can help its search husband’s open room record. Before Christmas 2014, after negotiating a price of 5,000 yuan, wang transferred the money to the other party’s bank account through alipay and sent her husband’s id number to the detective agency staff. Three or four days later, the staff first sent photos of her husband’s household registration and car to Ms. Wang through WeChat, and then sent more photos of the opening records. Court that the defendant engaged in “private detective” li mou for illegal profit, has entrusted people survey others affair, personal whereabouts, etc, to install locator, sent a tracking, illegal for citizens’ personal information more than 100 article, illegal profits amounted to more than 20, ten thousand yuan, the act constitutes a crime of illegal for citizens’ personal information, therefore, to make the decision in accordance with the law. 1. What is the crime of illegally obtaining citizens’ personal information? In this case, the “private detective” was sentenced for illegally obtaining citizens’ personal information. Judge li jian of sanmenxia intermediate people’s court explained that stealing or illegally obtaining citizens’ personal information by other means constitutes the crime of obtaining citizens’ personal information. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. 2. Is “private detective” illegal? Since it is illegal for “private detectives” to help victims of extramarital affairs investigate each other, is “private detective” illegal? Hu liangrui, a lawyer with henan yulu law firm, explained that there is still a blank area in the legislative level for the establishment of private detectives in China, which belongs to the marginal industry and has not been officially recognized by the government. As early as September 7, 1993, the Ministry of Public Security promulgated the “notice on the prohibition of the establishment of private detective agencies”, which clearly stipulates that any unit or individual is prohibited from establishing various forms of civil affairs investigation agencies and other private detective agencies. Civil and economic disputes, claims for debts, security advice and investigations involving personal privacy are prohibited. Because China has not established any law “private detective” legal status, “private detective” is only to exercise the legitimate right to k徵信社 推薦now ordinary citizens, and can not get involved in criminal investigation activities, China’s “criminal procedure law” stipulates, only the specific state organs of the staff, have the right to criminal case investigation. According to zhu xiaoxu of judge of court of deng zhou city introduces, at present domestic still did not have a private detective company to obtain the business license that industry and commerce branch issues, in procedural law also did not stipulate citizen individual has “investigation right”. 3. “private detective” can conduct general civil investigation since according to the law, “private detective” does not have the right to investigate criminal cases, then “private detective” still has room? What can they do without breaking the law? Henan zhongheng law firm lawyer zhang qingyu said that the current development of “private detective” business companies after the industrial and commercial registration for the “market research company”, “market research”, “investigation consulting department”, registered business scope is: business information consulting; Economic information consultation; Market research. Of course, these companies advertise as: marriage investigation and evidence collection, solving financial disputes, efficient finding people, rights protection and anti-counterfeiting, business investigation, keeping mistresses, extramarital affairs investigation, affair investigation and so on. Hu liangrui, a lawyer, said private investigators could carry out ordinary civil investigations. After obtaining the authorization of the relative party, such as the authorization of the husband and wife party, it transfers the credit credential information of the other party according to the procedures prescribed by law; Or unauthorized, but in a public place or did not invade the privacy of others under the premise of taking photos and obtaining evidence, or in the authority of the relevant documents and materials, belong to the “law without provisions are free” state. “In reality, due to the uneven professional level of ‘private detectives’, relatively weak awareness of the rule of law, and illegal means of obtaining evidence, not only can’t the evidence obtained be used by the court, but practitioners may also violate the criminal law due to illegal access to personal information of citizens.” Zhengzhou high-tech zone court judge he zhan said. Judge zhu xiaoxu reminds, want only “private detective” master the scale in investigation work, abide by legal regulation, do not violate the right of privacy of the citizen, the evidence that its obtain also can serve as the basis that affirming case of a case. 4. Do foreign “private detectives” have more rights? Compared with domestic “private detective” industry, many other countries “private detective” industry is booming. Can evidence obtained by foreign “private detecti徵信社工作ves” be used? Not only developed countries have “private detectives”, but many developing countries such as Malaysia, Zambia and Zimbabwe also have numerous “private detective” agencies, said judge liu wei of the court in dengzhou. France is the birthplace of “private detective”. In order to regulate the “private detective” industry, France has developed a series of legal systems. The French “private detective” industry has formed a perfect industry standard, in the civil field, its business has been rapidly developed. Though France is also a single detection mode, i.e., the exercise of indictment by the organs of state power alone, but the official for private detective in criminal cases to get intelligence is not uniformly negative, but the legal information as a result in “survey”, and not as a “spy” as a result, this practice of “pragmatism” French “private eye” can also in criminal cases. 5. As an interested party, the aggrieved party suffering from extramarital affair should not cross the bottom line of the law when obtaining evidence. Since “private detective” cannot investigate others by tracking, positioning and taking candid photos, can the party suffering extramarital affair, as an interested party, take such measures to conduct investigation and obtain evidence? “Our marriage law stipulates that husband and wife should be faithful to each other. In other words, it is not only a moral obligation, but also a leg債務協商BLOGal obligation to maintain mutual loyalty between husband and wife.” Judge li jian said that those involved in extramarital affairs should sympathize with their actions before they exceed the social tolerance and the bottom line of the law, but should still bear the corresponding legal responsibility if they violate the bottom line of the law. For example, to invade the house of the third party in order to investigate the evidence of infidelity of the other party of the marriage is an infringement, and the evidence obtained by it does not have the legality. But if you take evidence in your own home, you don’t have that problem. Those who obtain through illegal means is in the photograph of two people intimacy inside third-person bedroom, do not have legitimacy; A photograph of two people in a public place of affection is legitimate. So how can a victim of an affair obtain evidence to protect her own interests? Judge he said there is a rule of evidence in civil cases called “who claims, who provides proof.” That is to say, the person who is not at fault in his or her marriage must show evidence that the other person has an affair in order to show that he or she has had an affair. However, this kind of evidence often involves the privacy of the third party, with privacy, outsiders not easy to know, there is indeed difficult to obtain evidence, to obtain “catch in bed” evidence is very small. Zhang qingyu, a lawyer, believes 徵信社營業項目that the no-fault party in marriage can collect relevant fault evidence of the other party when the husband and wife live together, or collect relevant fault evidence of the other party from relatives, friends and public security organs, such as the other party’s call and text message record, WeChat QQ chat record, E-mail content, mobile phone text message content and so on. Lawyer zhang qingyu expresses, at present lawyer’s practice behavior has clear law regulation and strict profession practice norm, lawyer does not accept to violate the law regulation and practice the entrustment of discipline, lawyer also is not professional information collector. This provides a business opportunity for the “private detective” business. Judge what show that in order to safeguard the legitimate interests of the parties to the subject, our country should produce the corresponding laws and regulations, regulating the industry folk investigation, from the aspects of personnel qualification, subject of examination and approval of market access, entrusted scope, research techniques such as norms, regulatory agencies, industry such as supervision and punishment rules make perfect laws and regulations system, so as to promote the healthy development of private investigation industry in our country. Judge zhu xiaoxu believes that in a society ruled by law, solving problems through legal procedures is undoubtedly the first choice for people t徵信社真實案例o solve disputes, but there are also some inevitable disadvantages: the procedures are relatively complicated, the costs are too high, and the results may not be achieved. If private detectives can provide more powerful evidence and facts, they can not only provide services for the parties concerned, protect the legitimate interests of citizens, but also relieve the pressure of public security organs to a great extent. This is why many western countries have complete legal systems, and the “private detective” industry cannot be completely replaced. Even the government sometimes needs to resort to this industry. What’s more, “private detective” is different from the government. The government does not charge fees for serving citizens, while “private detective” deals with social problems with commercial logic. Therefore, to some extent, “private detective” may have a stronger willingness to serve and better work efficiency. Lawyer Hu Liangrui believes in “private eye” and collect evidence, the parties need to perfect the legislation in the national legislature, in line with international standards, in meeting the needs of social development at the same time, conveniently “righting the legal status of” private detective “, in fact, judicial resources is also a supplement to the country, to some extent, is also a supplement of the dispute settlement mechanism of social contradictions, but all this needs a good, sound legal system as support.


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