Can the phone records be used as legal evidence?

Phone records can be used as evidence.

Call records can be used as evidence, as follows:

1, SMS and phone records belong to the category of electronic evidence, so SMS and phone records can be used as litigation evidence to prove the facts of the case. The total recall of mobile phones can be used as evidence. Mobile phones recall all audio-visual materials belonging to the category of legal evidence. If it is evidence collected according to law, relevant to the facts of the case, true and objective, and verified by investigation, it can be used as evidence;

2. Call records can be used as evidence. But the phone records can't prove the facts. It is impossible for the court to determine the facts by telephone records. Because the call record can only prove the call, unless there is a recording of the call content;

3. If the basic facts are clear and the basic evidence is really sufficient, and the public security organ cannot persuade both parties to mediate voluntarily, the public security organ shall inform the victim to file a criminal incidental civil lawsuit with the people's court. After investigation, the public security organ thinks that the evidence of injury is still insufficient, or it is difficult to find out, or it is not considered a crime, it shall inform the victim to bring a civil lawsuit to the people's court and demand the other party to bear civil liability.

To sum up, SMS and phone records belong to the category of electronic evidence, so SMS and phone records can be used as litigation evidence to prove the facts of the case. The total recall of mobile phones can be used as evidence. Mobile phones recall all audio-visual materials belonging to the category of legal evidence. If it is evidence collected according to law, relevant to the facts of the case, true and objective, and verified by investigation, it can be used as evidence; Phone records can be used as evidence. But the phone records can't prove the facts. It is impossible for the court to determine the facts by telephone records. Because the call record can only prove that a call was made, unless there is a recording of the call.

Legal basis:

Provisions of the Supreme People's Court on Evidence in Civil Proceedings Article 66.

The judge should comprehensively review and judge all the evidence of the case from the aspects of the degree of correlation between the evidence and the facts of the case and the connection between the evidence. The call record, if unchanged, can be used as evidence and an objective record of the call, otherwise, the court cannot use it as evidence.

Article 66 of the Civil Procedure Law of People's Republic of China (PRC)

Evidence includes:

(a) Statements of the parties;

(2) Documentary evidence;

(3) Physical evidence;

(4) Audio-visual materials;

(5) Electronic data;

(6) Testimony of witnesses;

(7) Appraisal opinions;

(8) Records of the inquest.

Evidence must be verified before it can be used as a basis for ascertaining facts.