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Is there any legal regulation on the effect of recorded evidence

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Is there any legal regulation on the effect of recorded evidence


        

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  • 2024-06-14 17:00:48

    Is there any law on the validity of recorded evidence? The people's court shall distinguish the authenticity of audio-visual materials and, in combination with other evidence in the case, examine whether they can be used as the basis for ascertaining facts. It is strictly prohibited to collect evidence by illegal means. With reference to Article 74 of the Civil Procedure Law of the People's Republic of China, the people's court shall distinguish the authenticity of audio-visual materials and, in combination with other evidence in the case, examine whether they can be used as a basis for ascertaining facts. Evidence must be verified before it can be used as the basis for ascertaining facts. With reference to Article 22 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, where investigators investigate and collect computer data or audio and video materials such as audio and video recordings, they shall require the investigated person to provide the original carrier of the relevant materials. If it is really difficult to provide the original carrier, a copy can be provided. Where duplicates are provided, the investigators shall state their sources and production process in the investigation record.
    Other provisions on evidence include: referring to Article 14 of Several Provisions of the Supreme People's Court on Evidence in Civil Procedure, the parties shall classify and number the evidence materials submitted one by one, briefly explain the source, object and content of the evidence materials, sign and seal the evidence materials, indicate the date of submission, and submit copies according to the number of the opposite parties. When receiving the evidence materials submitted by the parties, the people's court shall issue a receipt indicating the name, number of copies and pages of the evidence as well as the time of receipt, which shall be signed or sealed by the person in charge. With reference to Article 24 of the Several Provisions of the Supreme People's Court on Evidence in Civil Procedure, the people's court may, according to the specific circumstances, seal up, detain, take photos, record, video, copy, appraise, inspect, and make transcripts when preserving evidence. The people's court may require the parties or agents ad litem to be present when preserving evidence. With reference to 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; (5) Electronic data; (6) Witness testimony; (7) Appraisal opinions; (8) Record of inspection. Evidence must be verified before it can be used as the basis for ascertaining facts. With reference to Article 52 of the Criminal Procedure Law of the People's Republic of China, judges, procurators and investigators must, in accordance with legal procedures, collect all kinds of evidence that can prove the guilt or innocence of the criminal suspect or defendant and the seriousness of the crime. It is strictly prohibited to extort confessions by torture and collect evidence by threats, inducements, deception and other illegal methods, and it is not allowed to force anyone to prove his guilt. It is necessary to ensure that all citizens who are related to the case or know the facts of the case have the conditions to provide evidence objectively and fully, and they can be recruited to assist in the investigation, except in special circumstances. With reference to Article 59 of the Criminal Procedure Law of the People's Republic of China, the People's Procuratorate shall prove the legality of evidence collection in the process of court investigation. If the existing evidence materials cannot prove the legitimacy of the evidence collection, the People's Procuratorate may request the People's Court to notify the relevant investigators or other personnel to appear in court to explain the situation; The people's court may notify the relevant investigators or other personnel to appear in court and explain the situation. The relevant investigators or other personnel may also request to appear in court to explain the situation. Upon notification by the people's court, relevant personnel shall appear in court. The above regulations on evidence are expected to be helpful to you.

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