Is it a crime to deliberately record a verbal recording?

The Reply of the former Supreme People's Court on the Issue of Whether Materials Obtained by Recording Without the Consent of the Other Party Can Be Used as Evidence once provided that materials obtained by recording without the consent of the other party cannot be used as evidence, and the use is excluded by the rule of exclusion of illegal evidence.

However, the Supreme People's Court's new rules of evidence in civil procedure re-stipulate the precise meaning of illegal evidence, that is, article 68 of the Several Provisions on Evidence in Civil Procedure 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.

II. Evidence Gathering Skills for Audio Recordings.

The Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, which came into force on 1 April 2002, stipulate that audio recordings obtained by lawful means may be submitted to the court as evidence. However, in reality, the parties often lack the skills to collect evidence, resulting in insufficient probative power of the audio recordings obtained. Here, let's talk about the forensic skills of audio evidence.

1.Selection of the time and place of recording.

From the point of view of favourable litigation, the recording should be made as early 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. In addition, ** recording is generally not as good as live recording, in the event of a disagreement in the conversation, the subject of the evidence may hang up if he does not want to continue, and in the face of the conversation, even if there are some arguments, it can continue.

The recording is not illegal as evidence, and the court can admit it as long as the conditions are met. The specific laws and judicial interpretations are as follows: Article 63 of the Civil Procedure Law stipulates that 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. Article 68 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings provides:

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. Article 69: The following evidence cannot be used alone as the basis for determining the facts of a case: (3) Audiovisual materials with doubtful points. 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.

Is it a crime to deliberately record a verbal recording? Deliberate clichés are a means of obtaining evidence, and not all clichés are illegal. As long as there is no coercion and no improper means (such as hypnosis) are used, it should not be considered illegal.

Moreover, many courts now do not use the evidence of this recording as Zheng Chengtang's evidence. The premise of the cliché is that he will not say it subjectively, and he guides the other party to say it through this cliché, there is no improper means of coercion and inducement, and at the same time, what the other party says is also the truth, so it is not considered a crime.

As long as it does not involve an invasion of your privacy, then it cannot be said to be illegal. In fact, it is just a means of collecting evidence.

Of course it's illegal! This is a deliberate inducement of confession, and it is not a problem within the normal scope!

This is not a crime, the premise of the cliché is that he will not say it subjectively, and he will guide the other party to say it through this cliché, there is no improper means of coercion and inducement, and what the other party says is also the truth, so it is not a violation.

Legal analysis: In order for the recording evidence to become the basis for a judgment, two conditions must be met: first, the acquisition of the recording evidence must comply 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.

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

Summary. Evidence refers to the basis for determining the facts of a case in accordance with the procedural rules. Evidence is of great significance for the parties to carry out litigation activities, protect their legitimate rights and interests, and for the court to ascertain the facts of the case and make correct judgments in accordance with the law.

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Recordings of other people's clichés are counted as evidence. In the course of the trial of any case, it is necessary to restore the original face of the incident through the chain of evidence and the chain of evidence formed by the evidence, so that a judgment made on the basis of sufficient evidence can be a fair judgment.

Evidence refers to the basis for determining the facts of a case in accordance with the procedural rules. Evidence is of great significance for the parties to carry out litigation activities, protect their legitimate rights and interests, ascertain the facts of the case, and correctly adjudicate in accordance with the law.

Therefore, the authenticity of the evidence obtained by the cliché remains to be considered.

It is generally not admissible as evidence.

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The effective way to refute the recording of someone else's cliché is as follows:

1. It is proved that there is an inducement or threat of violence rehearsed;

2. Proof that the recording was made by post-editing;

3. Prove that the relevant content of the recording evidence harms the public interest;

4. Proving that the conversation in the recording is not clear and coherent enough, and has little to do with proving the facts;

5. In terms of recording evidence, if the holder of the recording evidence uses provisions that infringe on the privacy of others or violate legal prohibitions, such as recording the privacy of others or eavesdropping on the audio materials obtained at his or her work or residence, the use will still be excluded.

6. For the recording evidence to become the basis for the judgment, the conditions must be met, the acquisition of the recording evidence must comply with the provisions of the law, the conversation between the two parties 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; The recording evidence has good technical conditions, the identity of the interlocutor is clear, the content is clear, it is objectively true and coherent, it has not been edited or forged, the content has not been changed, there is no doubt about it, and there is other evidence to support it.

[Legal basis].Article 90 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings.

The following evidence alone cannot be used as the basis for determining the facts of a case:

1) Statements of the parties;

2) Testimony made by persons with no or limited capacity for civil conduct that is not commensurate with their age, intellectual status, or mental health;

3) Testimony from witnesses who have an interest in one of the parties or its ** persons;

4) Audio-visual materials and electronic data that are suspicious;

5) Reproductions or reproductions that cannot be checked with the originals or originals.

Legal analysis: In order for the recording evidence to become the basis for the judgment, two conditions must be met: first, the recording evidence must be obtained in accordance with the provisions of the law, and the conversation between the two parties in the recording was not restricted at that time, and it was an expression of conscious and free intent, which 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 and trembling, it is objective, true and coherent, it has not been edited or forged, the content has not been altered, there is no doubt about it, and there is other evidence to support it.

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