Is there an expiration date for audio recordings as evidence, how long can recordings be used as evi

Hello, according to Article 68 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, it is clearly stipulated that "evidence obtained by methods that infringe upon the lawful rights and interests of others or violate the prohibitive provisions of the law cannot be used as the basis for determining the facts of the case." This provision is a rule of exclusion for illegal evidence.

It is expressly stipulated that audio recording evidence obtained in other circumstances shall not be deemed to be illegal except for evidence obtained by infringing upon the lawful rights and interests of others (including infringing on the public interest and the privacy of others) or by using methods that violate the prohibitive provisions of laws (such as installing clandestine recording equipment into others' residences without authorization). Accordingly, if the recording is made without the consent of the other party, as long as it does not infringe upon the legitimate rights and interests of others and does not violate the prohibitions of the law, it is not an illegal act. The recording can be provided to the court as evidence.

Of course, while obtaining audio recording evidence, other evidence should be corroborated as much as possible to enrich its probative force.

As long as it is in public, does not involve personal privacy, makes audio or video recordings, and does not edit its contents, it can be used as original evidence when the case is tried in court.

As long as the matter is heard, after the trial, the audio and video recordings have been archived in the file.

Only properly formatted audio and video recordings can be used as evidence, do you know what kind of format it is?

Legal analysis: The proof of the recording is permanent, but it is affected by the statute of limitations, and even if it can be proved that the defendant defends beyond the statute of limitations, he will lose the right to win the lawsuit.

In litigation practice, in order for audio and video evidence to become the basis for a judgment, three conditions must be met at the same time:

First, audiovisual materials should provide the original carrier. The audio or video evidence presented by the parties has not been edited, edited, or forged, is closely connected, and the content has not been tampered with, and has objective authenticity and coherence.

Second, there should be no doubts about audio-visual materials. When the court uses the audio or video evidence as the basis for adjudicating a case, it should also examine whether the audio or video evidence is suspicious. If the opposing party challenges the recording and adduces sufficient evidence to refute it, the recording evidence loses its probative force.

Third, it is necessary to provide sufficient other evidence. Where one party raises objections to "undoubted audio-visual materials or copies that are verified with the audio-visual materials that are supported by other evidence and obtained by lawful means, or copies that are verified to be correct with the audio-visual materials", the people's court shall confirm its probative force.

Legal basis: Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings

Article 22: Where investigators investigate and collect computer data, audio or video recordings, or other audio-visual materials, they shall request that the person being investigated provide the original carrier of the relevant materials. If it is difficult to provide the original carrier, a copy may be provided. The investigator who provides the copy shall explain its production in the investigation record.

Article 70: Where one party submits any of the following evidence, and the other party raises objections but does not have sufficient evidence to refute the contrary, the people's court shall confirm its probative force:

1) The original documentary evidence or a photocopy, **, duplicate, or excerpt of the original documentary evidence;

2) The original physical evidence or reproductions, video materials, etc., that have been verified to be correct with the original physical evidence;

3) Audio-visual materials that are supported by other evidence and obtained by lawful means, or copies that have been verified to be correct with the audio-visual materials;

4) A record of the inquest of physical evidence or the scene made by a party to the people's court in accordance with legally-prescribed procedures.

Recording evidence does not involve the issue of expiration date, as long as it is not obtained by illegal means (such as eavesdropping, stealing photos, etc.), it can be used as valid evidence.

2. What kind of audio recordings can be used as evidence.

1. The object of the recording must be the debtor himself, and only the debtor's speech can be binding on him.

2. **The content of the recording must fully reflect the content of the creditor's rights and debts, if it is an arrears, then the recording should allow the debtor to completely say the specific amount and ins and outs of the money owed. The amount should be as specific as possible, and the more specific the better, and the more accurate the better.

3. The recording should be true and complete, and the recording evidence should not be edited, edited or forged, closely connected before and after, the content should not be tampered with, and it should be objectively authentic and coherent. Sometimes the recorder will deliberately lead the other person to make certain answers, and then make technical edits to produce a piece of evidence in their favor, in which case even if it is true, it is invalid.

4. **The content of the recording must reflect the true intention of the person being recorded, that is, the person being recorded must not be recorded under the circumstances of being forced or coerced, and any evidence obtained by means of illegal restriction of personal freedom, kidnapping, threats, etc. is invalid, therefore, you should pay attention to your words and deeds when recording, and your attitude and tone must be kind when talking.

5. **The method of obtaining the recording shall be legal. For example, if a person secretly installs a bugging device in another person's house, and the audio recording of the eavesdropping will generally be deemed to infringe on the citizen's right to housing and will be invalid.

6. **The recording should leave the original carrier, if the other party has objections, the court or appraisal agency will require you to show the original recording materials, otherwise the probative power of the recording as evidence will be problematic. After the recording, it is organized into written material and engraved into a CD-ROM (required by the court).

Recording evidence can only be effective if it is sued against the other party, as long as it is not obtained by illegal means, it can be used as valid evidence.

The validity period of the recorded evidence depends on the statute of limitations of your case.

As long as the mobile phone recording is submitted and recognized, it is a valid repentance, and there is generally no time limit. Legitimate audio recordings are audiovisual materials that can be presented as evidence in court. As one of the forms of evidence, audiovisual materials are the forms of evidence recognized by law.

Article 70 of the Rules of the Evidence in Civil Procedure stipulates that "audio-visual materials that are supported by other evidence and obtained by lawful means, or copies that are verified with the audio-visual materials are correct".

Article 50 of the Criminal Procedure Law: All materials that can be used to prove the facts of a case are evidence. Evidence includes: (1) physical evidence; (2) documentary evidence; (iii) Witness testimony; (4) The victim's statement; (5) Confessions and justifications by criminal suspects or defendants; (6) Appraisal opinions; (7) Records of inquests, inspections, identifications, investigative experiments, and so forth; (8) Audio-visual materials and electronic data.

The evidence must be verified and verified before it can be used as the basis for the Dingchong filial piety case.

The conditions for the audio recordings to be valid evidence are: In the process of obtaining the recordings, they must be conducted in a reasonable place, and they must not use the method of eavesdropping to snoop on the privacy of others or infringe on the privacy rights of others, and the audio recordings obtained therefrom will be excluded because the means are illegal. The other party's remarks must be the expression of the true meaning at the time, and they must not be coerced or threatened in any way.

Code of Criminal Procedure

Article 50. The materials that can be used to prove the facts of the case are all evidence.

Evidence includes: (1) physical evidence;

(2) documentary evidence; 3) Testimony of a pure suspect;

(4) The victim's statement;

(5) Confessions and justifications by criminal suspects or defendants;

(6) Appraisal opinions;

7) Records of inquests, inspections, identifications, investigative experiments, and so forth;

8) Audio-visual and electronic data.

Evidence must be verified to be true before it can be used as the basis for a verdict.

Code of Criminal Procedure

Article 51.

The people's procuratorate bears the burden of proof of the defendant's guilt in a public prosecution case, and the burden of proof of the defendant's guilt in a private prosecution case is borne by the private prosecutor.

Legal Analysis: Count. Evidence includes the statements of the parties, witness testimony, audio-visual materials, etc., while audio recordings are a type of audio-visual evidence.

According to the law, the acquisition of evidence must be lawful, and the evidence provided by the parties must be verified as true before it can be used as the basis for determining the facts.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 63: Evidence includes:

1) Statements of the parties;

(2) documentary evidence; 3) physical evidence;

4) audio-visual materials; 、

e) electronic data;

6) witness testimony;

7) Appraisal opinions;

8) Inquest records. Evidence must be verified to be true before it can be used as a basis for determining facts.

Recordings count as valid evidence. Evidence has three characteristics, namely, authenticity, legitimacy, and relevance, and as long as one of them is missing, it cannot be used as the basis for the court's verdict. According to relevant laws and regulations, evidence obtained by methods that infringe upon the lawful rights and interests of others or violate prohibitive provisions of law cannot be used as the basis for determining the facts of a case.

Where one party submits the following evidence, and the other party raises objections but does not have sufficient evidence to refute the contrary, the people's court shall confirm its probative force, and there is other evidence to support it and obtained by lawful means, and the audio-visual materials are beyond doubt, or the copies that are verified with the audio-visual materials are correct.

Recordings are legally valid if they meet the following conditions:

1. The content of the recording should be true and completely coherent, and no one is allowed to edit it;

2. The other party's remarks during the recording are true expressions, and they are not coerced or threatened by others at all;

3. The sound quality of the recording should be clear, and the recording content should completely tell the facts to be proved in the case;

4. Do not delete the recording materials, and keep the original recording materials;

5. The content of the recording needs to be approved by the other party, and the method of obtaining the recording should be legal.

Legal basisArticle 68 of the Civil Procedure Law of the People's Republic of China.

Parties shall promptly provide evidence for their own claims.

On the basis of the parties' claims and the circumstances of the trial, the people's courts are to determine the evidence that the parties shall provide and the time limit thereof. Where the parties have real difficulties in providing evidence within that time limit, they may apply to the people's court for an extension of the time limit, and the people's court will appropriately extend it on the basis of the party's application. Where the parties fail to provide evidence within the time limit, the people's court shall order them to explain the reasons; Where they refuse to explain the reasons or the reasons are not sustained, the people's courts may, on the basis of different circumstances, reject the evidence, or give the evidence but give a reprimand or a fine.