When should evidence collection be conducted? In cases such as infidelity, extramarital affairs, criminal disputes, civil disputes, business secrets, and more.

No matter how much you speak in your favor, the most important thing in judicial procedures is evidence. Whether it’s a defendant or plaintiff, in any situation or court, evidence is essential to support your case. In cases of infidelity, evidence of behavior beyond friendship between the partner and the third party is necessary, such as photos or conversation records. In financial disputes, items like IOUs or promissory notes are required. If it involves a car accident, evidence such as dashcam footage or eyewitness testimonies is needed for civil compensation or criminal injury charges. Contracts and agreements—whether between workers and employers, companies, or landlords and tenants—are also forms of evidence in judicial proceedings. Always review the contents carefully when signing these documents to avoid being taken advantage of and unable to seek justice later.

What evidence collection methods do investigation agencies use?

Investigation agencies employ professional and legally sound methods for evidence collection, such as mobile phone monitoring, remote computer surveillance, vehicle tracking systems, mobile triangulation, wall listening, sound source detection, as well as installing hidden cameras or counter-surveillance cameras. They also offer counter-investigation, anti-detection, and anti-surveillance services, all with the aim of obtaining the most advantageous evidence for the client.

Is it illegal to collect evidence through video, audio, or photography?

While obtaining evidence is crucial, the process of evidence collection often raises concerns about its legitimacy. In the legal field, there is a term called the "fruit of the poisonous tree doctrine" to describe evidence obtained illegally. Evidence acquired through improper means is considered tainted, just like fruit from a contaminated tree, and thus, its validity is compromised and will not be accepted during legal proceedings.

So, does recording, photographing, or filming for evidence collection constitute illegal behavior? Generally, these methods must adhere to the principle of proportionality. For instance, in cases where one collects evidence of infidelity by trying to access the spouse’s and third party’s communications, it would be an infringement if the spouse’s computer were hacked. However, if the computer was hacked by someone else, rather than installing monitoring software on the computer, this method is less invasive and the evidence may still be admissible.

Is secretly recording or photographing someone without their consent a violation of privacy? According to Article 315-1 of the Criminal Code: anyone who engages in any of the following actions will be subject to imprisonment for up to three years, detention, or a fine of up to 300,000 NT dollars: 1) Using tools or devices to secretly observe, eavesdrop, or record private activities, speech, conversations, or body parts of others without their consent. 2) Secretly recording someone’s private activities, speech, conversation, or body parts using audio, video, or electromagnetic recording devices.

It is important to note that secrecy is a relative concept. If you secretly record a conversation between you and someone else, the conversation is not considered secret between you both. Secretly recording someone else’s conversation with another person, however, could result in legal issues. As for whether secretly taking photos infringes on someone's right of portrait, portrait rights are considered both a human right and a property right. This does not mean that taking photos of others always infringes on their rights. In some cases, it is permitted, such as in the following example: "The appellant’s photography did not degrade the respondent’s personality, was not used in a negative context, and was not of significant consequence; therefore, it does not constitute an infringement of portrait rights." (Referencing the Taiwan High Court Civil Judgment, 90th Year, Case No. 347 and 93rd Year, Case No. 91).

Whether or not evidence is admissible is often up to the judge to decide, based on the principle of proportionality. Before proceeding with evidence collection, it is advisable to consult with a professional or legal advisor, or even discuss it with an investigation agency, to avoid the risk of spending money and not obtaining the rights you deserve. In such cases, the outcome could end up being a loss rather than a gain.