Is it effective to use audio recordings as evidence?

In order to obtain legal recording evidence, in the process of implementation, it is not only necessary to understand the relevant legal provisions in advance, but also to formulate an implementation plan.

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.

3.Preparation before the collection of evidence.

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. As for whether to make an appointment in advance, it should be determined according to the situation, and it is easy to get the effect of "attacking the unprepared" by going straight to the door, but it is also possible to encounter unexpected circumstances, such as being rejected by the other party or interrupting the conversation for other reasons.

4.Conversation 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 liability.

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.When necessary, a notary public may be asked 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.

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.

Legal Analysis: Recordings can be used as evidence. However, the method of obtaining the recording shall be lawful, and the process of obtaining the recording shall be conducted in a reasonable place, and eavesdropping shall not be used to eavesdrop on others' privacy or infringe on others' privacy rights.

The content of the recording should be true and completely coherent, no one should edit it, and the other party's remarks during the recording should be a true expression of meaning, and there should be no coercion or threat from others at all. The sound quality of the recording needs to be clear, and the content of the recording should fully tell the facts to be proved in the case.

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) Scraping of physical evidence; (4) audio-visual materials; (5) Electronic data; (6) Witness Chunxiang's testimony; (7) Appraisal opinions; (8) Inquest records.

Evidence must be verified to be true before it can be used as the basis for determining the facts.

Effective. Recordings can be used as evidence in court. Audio recordings belong to one of the eight types of evidence stipulated in China's "Civil Procedure Law" of "audio-visual materials", of course, they can be used as evidence, but evidence and probative force are not the same legal concept, evidence is a qualification, probative power is a result and effect, evidence may not be able to prove the purpose to be proven, and all evidence, including recording evidence, should have the "three natures" of evidence, that is, authenticity, legality and relevance.

For the recording evidence to be probative, the following conditions must be met:

First, the recording evidence should be genuine, and the litigants did use the equipment to collect the audio materials.

Second, the recording material should be legal, and it cannot be stated by kidnapping or coercing the other party. It is necessary to know here that secretly obtained recordings, that is, stolen recordings, may not have legal effect, as long as the illegal recording does not violate the law and infringe upon the legitimate rights and interests of others.

Third, the content of the recording should be relevant to the case and reflect the corresponding facts of the case, and should not be content that is unrelated to the case.

Legal Analysis: Recordings can be used as evidence. However, the following conditions must be met:

1. Keep the original carrier as much as possible for the recording; 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, and the content has not been tampered with, and has objective authenticity and coherence. At the same time, the acquisition of recording evidence must comply with the provisions of the law, and must not infringe upon the lawful rights and interests of others or violate the prohibitions of the law;

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; (5) Electronic data; (6) Witness testimony; (7) Identifying and bending opinions; (Eight and lenient) inquest records.

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

Recordings can be used as evidence, but not as direct evidence. 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, safeguard their legitimate rights and interests, and for the Xiliang Court to ascertain the facts of the case and make a correct judgment in accordance with the law.

A decision based on sufficient evidence is likely to be impartial. Evidence should exist objectively, and falsifying or destroying evidence is an illegal act and should be prosecuted by law.

Legal basis. Article 54 of the Criminal Procedure Law of the People's Republic of China: The people's courts, people's procuratorates, and public security organs have the right to collect and collect evidence from relevant units and individuals. Relevant units and individuals shall truthfully provide evidence.

Evidentiary materials such as physical evidence, documentary evidence, audio-visual materials, and electronic data collected by administrative organs in the course of administrative law enforcement and case investigation may be used as evidence in criminal proceedings. Evidence involving state secrets, commercial secrets, or personal privacy shall be kept confidential. Anyone who falsifies, conceals or destroys evidence must be prosecuted by law, regardless of who it belongs to.

Legal analysis: The recording is the first whisper that can be used as evidence. However, the following conditions must be met:

1. Keep the original carrier as much as possible for the recording; 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. At the same time, the recording evidence must comply with the provisions of the law, and must not infringe upon the lawful rights and interests of others or violate the prohibitions of the law;

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.