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what to do when spouse does not provide documents?

Procedures, processes, and the legal basis for divorce in Taiwan, including all related problems and pitfalls, child custody, alimony payments, abandonment, extra-marital affairs, and other complications...
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Re: what to do when spouse does not provide documents?

Postby nathaniel62 » 28 Jul 2016, 15:43

Thank you all for the very useful information.

I would like to ask one more question: given that the company is not providing any information and that the person is not reachable in any way, what would happen if my friend reports to the authorities (both in Taiwan and Vietnam) her husband as missing? She doesn't know where he is, what he is doing (and for that matter, even if he still works at the company) and she doesn't even know if he is still alive!
Ink Still Wet in Passport (shífēn xīnshǒu)
Ink Still Wet in Passport (shífēn xīnshǒu)
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Re: what to do when spouse does not provide documents?

Postby yyy » 29 Jul 2016, 00:07

Icon wrote:I would extrongly advice against using the reocrding, as it can be proven she did this illegally, without the parties involved consent, and then SHE is the one going to jail. Yes, not fair, but that is the way the cookie crumbles.

The company is correct in the sense that they cannot provide such information. They are not supposed to.

Criminal Code Article 315-1
An offense with one of the following circumstances shall be sentenced to imprisonment for not more than three years, short-term imprisonment, or a fine of not more than three hundred thousand yuan:
1. Uses instruments or equipment without reason to peep at or eavesdrop on other’s non-public activities, speeches, talks, or the private part of the body
2. Uses audio recording, photographic, visual-taping, or electromagnetic means without reason to record other’s non-public activities, speeches, talks, or the private bodily part

Art. 12 to 24 also provide for reduced or zero culpability in some situations such as defense of life, property, etc.

The PIPA has conditions and exceptions, so whether or not the company would get in trouble depends on the circumstances, but I don't see how their refusal to provide information could get them in trouble, unless it can be proven that they have an obligation to provide the information.
Newspaper Copyeditor (bàoshè biānjí)
Newspaper Copyeditor (bàoshè biānjí)
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