Whether the audio recordings can be used as evidence

Article 68 of the Several Provisions on Evidence in Civil Proceedings stipulates that evidence obtained by means that infringes upon the lawful rights and interests of others or violates the prohibitive provisions of the law cannot be used as the basis for determining the facts of a case. In the case of audio recordings, this means that if the holder of the recording evidence violates the privacy of others or violates the prohibition of the law, such as recording the privacy of others or eavesdropping on the audio recordings obtained at his or her work or residence, the use of such recordings will still be excluded.

However, "undoubted audio-visual materials or copies verified with audio-visual materials that are supported by other evidence and obtained by lawful means" are probative. In order for the recording evidence to become the basis for a judgment, two conditions must be met: first, the recording evidence must be obtained in accordance with the provisions of the law, the conversation between the two parties to the recording was not restricted at the time, it was a conscious and free expression of intent, it was good faith and necessary, and it was for the purpose of protecting the lawful rights and interests of the parties and ascertaining the true circumstances of the case; Second, the recording evidence has good technical conditions, the identity of the interlocutor is clear, the content is clear, it is objective, true and coherent, it has not been edited or forged, the content has not been altered, there is no doubt that there is other evidence to corroborate.

In the case described by the friend, the audio recording materials obtained by the friend comply with the provisions of Article 1, that is, they do not infringe upon the legitimate rights and interests of others and do not violate the prohibitions of the law. However, the friend said that although the content of the recording involved some relevant circumstances of the case, and the recording materials were true and reliable, only the conversation between him and the interviewee was included in the recording, and the identity of the interviewee was not involved. In this case, in order to be admissible as evidence, the following conditions must be met:

1) Allow the interviewee to testify in court; (2) When it is inconvenient or impossible for the respondent to appear in court, the respondent shall provide written evidence to prove the content of the recording; (3) There must be other relevant evidence to corroborate.

If the four conditions are satisfied, it is valid evidence. 1.Reasonable and lawful places to obtain, and no eavesdropping.

2.It must be a genuine expression of intent and must not be coerced. 3.

The recording must be coherent and the conversation clear and recognizable. 4.There must be other evidence to corroborate each other.

Recordings can be used as evidence in litigation, but recordings must also meet certain conditions before the court can support them. The first condition is that when providing evidence such as ** recording, the medium used in the recording at the time, such as a mobile phone, should be provided. That is to say, if you want to take the recording, when you go to the court to use it as evidence, you must bring the original carrier of the recording.

Don't delete the recordings on your phone, some people will think that if I copy the recordings from my phone to the computer, then the phone won't need it. Don't do this, the recordings in your phone must be saved and not deleted. The second condition is that the recording must not infringe on the privacy of others.

If the evidence is obtained by infringing on the legitimate rights and interests of others, or violating the prohibitive provisions of the law, the court will not admit it, which means that the privacy of others shall not be violated when recording the call. The third condition, ** The facts should be restored clearly in the recording, and the name of the other party and the reason for the incident must be displayed in the recording. Let's say the other party borrows money from you, but the other party doesn't give you an IOU.

In that case, you can record the other person. The recording should show the name of the other party, the amount, whether the borrowing method is cash or transfer, as well as the term and interest. The more complete this information is reflected in the recording, the more it will prove the facts, and the court will support you.

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According to the provisions of the Civil Procedure Law of the People's Republic of China, evidence includes the statements of the parties, witness testimony, audio-visual materials, etc., while audio recordings are a kind 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.

Questions. Can I give me the audio recording that my friend helped us record** as evidence.

The Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings stipulate that evidence obtained by means that infringes upon the lawful rights and interests of others or violates the prohibitive provisions of the law cannot be used as the basis for determining the facts of a case. Therefore, even if the materials obtained by recording the conversation without the consent of the other party are obtained, unless they are obtained by infringing on the legitimate rights and interests of others or violating the prohibitions of the law, the recording can be used as evidence.

Audio recording evidence is audio-visual evidence as provided for in the Civil Procedure Law, and it is necessary to specifically analyze whether the recording of a citizen's private recording can be used as evidence.

Article 68 of the Several Provisions on Evidence in Civil Proceedings promulgated by the Supreme People's Court stipulates 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 a case", and the third paragraph of Article 70 stipulates that "where there is other evidence and obtained by lawful means, there is no doubt about the audio-visual materials or copies that are verified with the audio-visual materials, and the other party raises objections but there is no sufficient evidence to refute them, the people's court shall confirm their probative effect." Accordingly, the recorded materials can be used as evidence if they do not infringe upon the legitimate rights and interests of others and do not violate the prohibitions of the law.

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Not necessarily, but generally yes. Article 68 of the Provisions of the Supreme People's Court on Several Issues Concerning Evidence in Civil Proceedings stipulates that evidence obtained by means that infringes upon the lawful rights and interests of others or violates the prohibitive provisions of the law cannot be used as the basis for determining the facts of a case. According to the provisions of this article, the audio recording material does not necessarily have to obtain the consent of the other party before it can be used as valid evidence, as long as the evidence is taken without infringing on the legitimate rights and interests of others or violating the provisions of the law, and if it is verified to be true, the audio recording material can be used as valid evidence.

Article 69 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings stipulates that audiovisual materials with doubtful points cannot be used alone as the basis for determining the facts of a case. In order for sound recording evidence to be legally valid, the following three conditions must be met at the same time:

First, the recording 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, the acquisition of audio recording evidence must comply with the provisions of 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.

The third is that the other party does not raise a refutation or the reasons for the refutation are 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 audio recording and adduces sufficient evidence to refute it, the audio recording will lose its probative force; If there is not sufficient evidence to refute it, the court should confirm the probative force of the recording evidence.

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) Victim statements;

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 63 of the Civil Procedure Law of the People's Republic of China 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.

Legal analysisThe recording needs to meet the following conditions in order to be used as legal evidence: 1. The original carrier of the recording should be preserved as much as possible; 2. The recording shall not infringe on the privacy of others; 3. Try not to use the recording alone as evidence in court; 4. The recording evidence presented by the parties has not been edited, edited or forged, is closely connected, the content has not been tampered with, and has objective authenticity and coherence. Recordings are electronic evidence.

The pace of change in the information age is unprecedented, and the leap in the existence and acquisition of information has made the research of evidence and even the legislation of evidence face many tests. Under the general trend of evidence informatization, electronic data based on Zhixian computers and their networks play an increasingly important role in the process of proving the facts of a case. This form of evidence, which appears in a new form, is defined as electronic evidence by people of insight in the study of evidence, legal practice and theory.

Legal basisCivil Procedure Law of the People's Republic of China Article 66 Evidence includes: (1) statements by 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.

Legal Analysis: Recordings can be used as evidence. However, 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.

Legal basis: Article 63 of the Civil Procedure Law of the People's Republic of China Evidence includes: (1) statements by 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.

Audio evidence can be used as evidence, but other witnesses and documentary evidence are required.

Here are 5 things you should pay attention to during the recording process:

1) The identities of the parties to the recording should be reflected in the recording, because only when the subject is determined first, can we talk about proving the relationship between the two parties and what happened through the recording. Otherwise, if you don't even know the identity of the other party, the recorded audio will naturally be useless;

2) The time of the recording should also be reflected in the recording, not necessarily very clearly stated in the recording, but at least it should be able to hear the approximate time, or be able to deduce the time logically, or be able to arrange the sequence of events according to the content of the recording;

3) Guide the other person to say something "useful". Don't talk about things that don't matter in the recording, and if the topic goes too far, pull it back right away. The purpose of the recording is to correct the missing evidence or facts, so before the recording, you should sort out what the other party should say, admit, and defend, and list it in writing if necessary to avoid omissions.

Set appropriate questions to ask the other person based on such a goal, and lead the other person to the main topic, so as to get what you need;

4) Make the other person talk more. The author found that many recorders are prone to make mistakes, that is, once they negotiate with the other party, it is difficult to control their emotions, and once the conversation box is opened, they will talk endlessly, and they will not let the other party interject. What's more, when the other party is speaking, he suppresses the other party with louder volume and more fierce words, and completely forgets that he is recording and the purpose of recording, and as a result, he listens to it after recording and finds that the recorded sound is not useful at all, because the other party did not say a few useful words, they are all saying it themselves;

5) The original of the recording should be kept, and should not be modified, edited or moved for storage. Recording equipment has a certain capacity, in order to save space, some people move the recorded audio files to computer hard disks, discs and other storage devices, but he ignores the provisions of the law, probably because of his seemingly inconsequential behavior, resulting in the entire recording evidence losing its validity, the audio file is not the original after being cut and pasted in the process of moving, even if it is moved back, it cannot be changed back to the original.

Recordings obtained by methods that infringe upon the lawful rights and interests of others or violate legal prohibitions cannot be used as evidence. Therefore, as long as there is no illegal means or form, and does not infringe upon the state, society, or the lawful rights and interests of others, it should be legal and valid.

Legal basisArticle 50 of the Criminal Procedure Law stipulates that all materials that can be used to prove the facts of a case are evidence. Evidence includes: (1) physical evidence; 2) documentary evidence; 3) witness testimony; 4) Victim statements; 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.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.