Joke Collection Website - Blessing messages - Why can SMS and WeChat be used as evidence?
Why can SMS and WeChat be used as evidence?
legal ground
Article 93 of the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC).
For e-mail, electronic data exchange, online chat records, blogs, Weibo, SMS, electronic signatures, domain names and other electronic data. , should focus on checking the following contents: (1) is transferred with the original storage medium; When the original storage medium cannot be sealed, it is inconvenient to move, or it should be kept, processed and returned by the relevant departments according to law, whether the extraction and copying of electronic data are carried out by more than two people, whether it is enough to ensure the integrity of electronic data, and whether there is a written explanation and signature on the extraction and copying process and the storage location of the original storage medium; (2) Whether the collection procedures and methods comply with laws and relevant technical specifications; Whether the electronic data collected through investigation activities such as inquest, inspection and search are accompanied by transcripts and lists, and signed by investigators, electronic data holders and witnesses; If there is no signature of the holder, whether to indicate the reason; If overseas or remote electronic data are retrieved remotely, whether relevant information is indicated; Whether the specifications, categories and file formats of electronic data are clearly marked; (3) Whether the content of electronic data is true, whether it has been deleted, modified or added, etc. ; (four) whether the electronic data is related to the facts of the case; (five) whether the electronic data related to the facts of the case are fully collected. If there is any doubt about electronic data, it shall be identified or checked.
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