Can Call Recordings Be Convincing Evidence 15

To make a private recording valid evidence, three conditions must be met at the same time: first, the recording evidence presented by the parties has not been edited, edited or forged, the front and back are closely connected, the content has not been tampered with, and it has objective authenticity and coherence.

Second, the acquisition of audio evidence must comply with the law. If the holder of the recording evidence uses the audio recording materials that invade the privacy of others or violate the prohibitions of the law, such as the audio recordings obtained by eavesdropping at his workplace or residence, it is evidence obtained in violation of the prohibitions of the law and cannot be used as evidence in litigation.

Third, the other party did not raise a refutation or the reasons for the rebuttal were not established. When the court uses the recording evidence as the basis for adjudicating a case, it should also examine whether the recording evidence is doubtful. If the opposing party challenges the recording and adduces sufficient evidence to refute it, the recording evidence loses its probative force.

Audio recordings, videos, etc. can be used as evidence in litigation, but there are still some restrictions.

1. Recordings, videos, etc. should retain the original carrier as much as possible

Article 22 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings (hereinafter referred to as the "Provisions") stipulates: "Where investigators investigate and collect computer data or audio-visual materials such as audio and video recordings, they shall require the person being investigated to provide the original carrier of the relevant materials. If it is difficult to provide the original carrier, a copy may be provided.

Article 68 of the Several Provisions limits the scope of exclusion of illegal evidence to "evidence obtained by means that infringe upon the lawful rights and interests of others or violate the prohibitive provisions of the law", the former includes evidence obtained by acts that infringe upon the lawful rights and interests of others by means of detention, coercion, etc., and the latter includes all evidence obtained by methods that violate the prohibitive provisions of the law. Due to the special nature of matrimonial cases, such methods of obtaining evidence cannot be treated as illegal evidence, and as long as the evidence is not obtained through acts that seriously infringe upon the lawful rights and interests of others, such as detention or coercion, or evidence obtained by methods that violate the prohibitive provisions of procedural law or substantive law, the evidence shall be found to have evidentiary capacity.

3. Evidence such as audio recordings and videos should not be used alone as much as possible

Audio-visual materials such as audio recordings and videos cannot be used alone as the basis for determining the facts of a case, and can only be used as evidence in a verdict if there is other evidence to support it. For example, article 69 of the Civil Procedure Law stipulates that "the people's court shall distinguish the authenticity of the audio-visual materials, and examine and determine whether they can be used as the basis for determining the facts in combination with other evidence in the case"; Article 69 of the Several Provisions further clearly stipulates that "audio-visual materials with doubtful points" cannot be used alone as the basis for determining the facts of a case.

Technical inspections can detect the authenticity and falsification.

I can definitely testify.

Is the contract there, if not, ** recording is useless.

Legal analysis: Call recordings can be used as evidence as long as the corresponding conditions are met. First of all, the method in which the call recording was obtained should be lawful.

The person who recorded the recording must not be coerced or coerced, any evidence obtained by means of illegal restriction of personal liberty, kidnapping, threats, etc., is invalid, and the object of the recording must be the debtor or the party who bears the obligation, that is, the person being recorded must be a party in the legal relationship. If the recording is made without the consent of the other party, but as long as it does not infringe on the legitimate rights and interests of others and does not violate the prohibitions of the law, the recording can be provided to the court as evidence.

Legal basis: Article 63 of the Civil Procedure Law of the People's Republic of China Evidence includes: (1) the statements of the parties; (2) documentary evidence; (3) Physical evidence; (4) audio-visual materials; (5) 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.

Article 50 of the Criminal Procedure Law of the People's Republic of China: Materials that may be used to prove the facts of a case are all evidence. Evidence includes: (1) physical evidence; (2) documentary evidence; (3) Witness testimony; (4) The victim's statement; (5) Confessions and justifications of 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.

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

Legal analysis: Call recordings can be used as evidence, evidence refers to materials that can be used to prove the facts of the case, and call recordings can be used as evidence as long as they can prove the relevant facts of the case.

Legal basis: According to Article 50 of the Criminal Procedure Law of the People's Republic of China, materials that can be used to prove the facts of the case are all evidence. Evidence includes:

1) Physical evidence; (2) documentary evidence; (3) Witness testimony; (4) The victim's statement; (5) Confessions and justifications of 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 materials that can be used to prove the facts of the case are all evidence, so the call recording can be used as evidence.

In accordance with the 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) Witness testimony;

(4) The victim's statement;

(5) Confessions and justifications of 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.

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

Article 51: Burden of Proof.

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.

Article 63 of the Civil Procedure Law, evidence includes:

1) Statements of the parties;

(2) documentary evidence; (3) Physical evidence;

(4) audio-visual materials;

(5) 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.

Legal ** call recording can be used as direct evidence in the court. However, there are certain restrictions on the determination of legality and validity: when providing evidence such as ** recording, the medium used in the recording at that time should be used as much as possible.

If it is difficult to provide the original carrier, we can provide renaissance handmade parts.

Article 63 of the Civil Procedure Law, evidence includes: (1) the statements of the parties; (2) documentary evidence; (3) Physical evidence; (4) audio-visual materials; (5) Electronic data answers; (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.

"Can call recordings be used as evidence: legal ** call recordings can be used as direct evidence in court. However, there are certain restrictions on the determination of legality and validity:

When providing evidence such as ** recordings, the medium used for the recording at the time shall be used as much as possible. If it is difficult to provide the original carrier, a copy may be provided.

Legal basis] Article 63 of the Civil Procedure Law, evidence includes:

1) Statements of the parties;

(2) documentary evidence; (3) Physical evidence;

(4) audio-visual materials;

(5) 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.