The chat of discord: social media, WhatsApp and SMS can constitute evidence in the courtroom. In trials for judicial separation, the texts of the chats have full evidentiary effect.
In an increasingly digital and connected world, it is not surprising that many betrayals they come discovered precisely because (or thanks) to electronic devices. There are not rare cases of people who, peeking le chat o i social of their partner, they become aware of parallel and clandestine relationships.
But in case of judicial separation between spouses, can a message sent on Facebook or Instagram have evidentiary value? Apparently, the answer is yes.
“The Supreme Court of Cassation, with the sentence number 21657/2017speaks clearly: ‘The relationship of a spouse with strangers makes separation chargeable pursuant to art. 151 cc, when, in consideration of the external aspects with which it is cultivated and the environment in which the spouses live, it gives rise to plausible suspicions of infidelity and therefore, even if it does not take the form of adultery, causes offense to the dignity and honor of the other spouse’” explains theLawyer Valentina Ruggieroexpert in family law.
Even today many people continue to think of the web as something in itself, which has no effects on our lives, the The virtual world and the real one are increasingly overlappingand what happens in one place necessarily has repercussions on the other.
“With the evolution of technologies, jurisprudence regarding evidence in judicial separation trials has also evolved, to adapt to new habits of behavior, pfollows the lawyer Ruggiero – This means that today all documents such as photos shared online, emails, SMS, chats on WhatsApp, on social networks and more, acquire full proof effectiveness. Therefore, it is simpler to prove the responsibility of the other spouse, both for the aspect of liability for charges and for the economic aspect, perhaps demonstrating the standard of living of the other spouse kept with the lover. Such tools can also be strengthened by evidence and witnesses. Our role as lawyers with these tools is facilitated, since all message exchanges that were previously only oral, and which were therefore difficult to prove and discover, are now in most cases written and traceable. Be careful though, they must be public instruments and must not have been obtained by violating the subject’s privacy, a right that certainly does not expire with marriage. For example, we can use something that was posted on Facebook or emails found in the family home or sent to joint accounts, but we cannot illegally enter the partner’s account or steal his phone”.
CS
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