How to make a collection to obtain evidence of the recording

How is audio evidence collected? What do I need to pay attention to?

Start by choosing a recording device.

Collecting audio evidence requires the use of appropriate recording equipment. Nowadays, electronic products are becoming more and more popular, and the degree of intelligence is getting higher and higher, so it is easy to find a recording device.

Mobile phones are the most commonly used electronic devices, and mobile phones with recording capabilities abound, and it may not be easy to find a mobile phone without recording functions on the market.

, mp4, digital phase kai nuclear machine and other portable equipment almost without exception have the function of staring and recording, and the recording effect is also very good, can be used for emergency purposes.

Of course, if possible, it is best to use professional recording equipment, such as a voice recorder. The effect of the voice recorder recording is clear, the noise is small, and the recording is concealed and easy to store and transfer.

Only a clear voice can really play a role in proof. If the recording is not good, or if a few words or even sentences are not clearly understood, the validity of this important piece of evidence will be greatly reduced.

Be good at guiding the other person to say more "useful" things.

Five things to keep in mind when recording.

It's easy to make a recording, but it's not easy to make a concise, functional, and probative recording. Recordings used as evidence should meet the following requirements:

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 based on such goals to ask the other person, and lead the other person into the right fight, so as to get what you need.

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 other people's filial piety and 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.

Article 50 of the Criminal Procedure Law on Judgments and Judgments is 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.

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

1. How to submit audio evidence.

Audio recordings are also a type of evidence and must also be submitted within the time limit for the presentation of evidence. When submitting, it should be copied to the CD-ROM in duplicate, and then the content of the recorded speech should be sorted out and submitted in several copies. If the other party denies the authenticity, the other party shall apply for an appraisal to prove it.

In litigation practice, if audio evidence is to be used, the following conditions must be met at the same time:

1. The original carrier should be provided, that is, the recording has not been processed, and it has continuity and authenticity. In this case, the recording issued by Liu was the recording of his mobile phone, and he also used his mobile phone to conduct ** in court, and the recording was coherent and true. Moreover, Liu clearly pointed out the identities of both parties and the recording time in the recording, which increased the credibility of the recording evidence.

Liquid Lu Qing. 2. The content recorded in the audio recording materials should be as clear and accurate as possible, and both parties should clearly indicate the issues discussed and their statements.

2. What are the forensic techniques for recording evidence.

1. Selection of recording time and place.

From the point of view of favorable litigation, the recording of Hengyin should be carried out as soon as possible. The earlier it is conducted, the more defenseless the subject of the evidence will be, especially in the initial negotiation, which will generally not distort the facts, and the recording of the conversation at this time is of greatest value. After several negotiations, the other party will often narrate from the perspective of their own benefit, or take a defensive attitude.

The choice of location is also very important, you should try to find a quiet and undisturbed place to get a better recording effect.

2. Recording equipment.

Try to choose a device that is small in size, easy to hide, has a long recording time, and has high sound quality. An interview machine, a voice recorder or a *** with recording function are fine, and it is best to make copies.

3. Preparation before evidence collection.

Prepare the matters for evidence and the facts you want the other party to admit. Prepare for the conversation, including thinking about the questions and possible attitudes of the other person, and how to induce the other person to take a stand.

4. Conversational style.

Since it is a private recording, of course, the most important thing is not to let the subject of evidence notice that you are recording, so your demeanor and tone should be natural, and if you are an acquaintance, you should pay more attention.

1) Explain the time and place during the conversation, clarify the identity of the interlocutors and the relationship with the facts discussed, and try to call them by full names when talking, so as to enhance the relevance and credibility of the recording.

2) Pay attention to the mutual corroboration of the content of other evidence, because the existence of other evidence is a condition for the admissibility of recorded evidence.

3) The content of the conversation should not involve personal privacy or commercial secrets unrelated to the facts of the case, and should not use a coercive tone, otherwise it may be found to be illegal and not accepted.

4) Focus on the narrative, admission or denial of facts, and do not dwell on the argument of legal responsibility.

5) Be careful to control the time of the conversation, be able to ask the facts that you want the other person to acknowledge, and get to the point.

5. If necessary, you can ask a notary public to notarize the recording process.

Where evidence notarization is carried out, when necessary, a notary public may be requested to notarize the recording process to ensure the legality of the recording evidence.

**Recordings, text messages, mobile phone cameras, etc. can be used as evidence in litigation, but there are still some restrictions. 1. Recordings, mobile phone text messages, mobile phone cameras, 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 Several Provisions) provides:

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. 2. Recordings, text messages, and mobile phone cameras shall not infringe on the privacy of others

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. 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 prohibitions of procedural law or substantive law, the evidence should be determined to have evidentiary capacity. 3. **Recordings, mobile phone text messages, mobile phone cameras and other evidence should not be used alone as much as possible:

Audio-visual materials such as mobile phone text messages and video recordings 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.

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;

(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.

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

1. The object of the recording must be the debtor or the party assuming the obligation.

Only the debtor's speech can be binding on him personally. In practice, some people do not recognize that the person being recorded is himself, which is why he should apply for Kaixula to conduct a judicial appraisal in a timely manner, but the appraisal fee shall be paid by the applicant first (the fee is usually charged by the minute), and the final appraisal fee shall be borne by the losing party through the court judgment. Of course, it is best to dial the ** number registered with the telecommunications or mobile company of the person being recorded.

2. The content of the recording must completely reflect the content of creditor's rights and debts or other civil rights and obligations.

If it is an arrears, then the recording should allow the debtor to fully state the specific amount and context of the money owed, the more detailed the better.

3. The recording shall be true and complete.

Recording evidence shall not be edited, edited, or fabricated, closely connected, the content has not been tampered with, and shall have objective veracity and coherence. Sometimes the recorder will deliberately lead the other party to make something, and then make a technical edit, in which case the evidence is invalid.

4. The method of obtaining the recording shall be legal.

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. Recordings of wiretapping devices installed in other people's homes without permission will generally be invalid because they infringe on citizens' housing rights.

5. The content of the recording must reflect the true intention of the person being recorded.

That is, the person being recorded did not record under duress, and any evidence obtained by means of illegal restriction of personal freedom, kidnapping, or threats is invalid, so attention should be paid to words and deeds when recording, and the tone of conversation should be as kind as possible.

6. The original carrier should be left for the recording.

After recording with a voice recorder or mobile phone, do not delete the recording materials in the voice recorder or mobile phone. According to the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, if the other party objects to the recording evidence, the court or appraisal agency will require the original recording materials to be presented, otherwise the probative force of the recording as evidence will be questionable. In addition, after the recording is completed, it should be organized into written materials and engraved into a CD.

7. Recordings can be notarized.

Dial ** in front of the impartial officer and record, the notary office will issue a "notarial certificate of evidence preservation", and the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" stipulates that the probative power of notarized evidence is higher than that of ordinary evidence. The notary's recordings can be found by the court to be unedited, and the notary fee is not high.

Legal analysis: In order to make audio and video evidence legal, three conditions must be met at the same time: 1. The audio-visual 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 is objectively authentic and coherent; 2. There should be no doubts about the 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 audio recording and adduces sufficient evidence to refute it, the audio recording will lose its probative force; 3. Other evidence should be fully provided.

Legal basis: Article 64 of the Civil Procedure Law of the People's Republic of China provides that parties have the responsibility to provide evidence for their own claims.

The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case.

The people's courts shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence.