Joke Collection Website - Blessing messages - Can I testify by recording in court?
Can I testify by recording in court?
The recording can be used as legal evidence, but it should conform to the recording and try to preserve the original carrier; Recording shall not infringe upon the privacy of others; As far as possible, the recording should not be used as court evidence alone; The recorded evidence presented by the parties has not been spliced, edited or forged, and it is closely connected before and after, and the content has not been tampered with, which is objective, true and coherent; Make sure that the recording object must be yourself; Records must be complete; Telephone recording should not be technically processed; The method of obtaining telephone recordings should be legal; The contents of the record must reflect the true meaning of the recorded person; Telephone recording can notarize these situations.
Evidence is divided into civil evidence and criminal evidence, so the types of evidence are:
1. Evidence in civil cases includes: statements of the parties, documentary evidence, physical evidence, audio-visual materials, electronic data, witness testimony, expert opinions, and transcripts of inspection;
2. Evidence in criminal cases includes: physical evidence, documentary evidence, witness testimony, victim's statement, statements and excuses of criminal suspects and defendants, expert opinions, transcripts of inquests, inquests, identification, investigation experiments, audio-visual materials and electronic data.
To sum up, the recording belongs to the trial materials and can be used as court evidence in law, but whether the recording has probative force depends on its authenticity, legitimacy and relevance. Proof is a kind of result and function. The recorded evidence must be true and relevant to the case. Not only that, the source of the recorded material must be legal, and the legitimate rights and interests of others have not been infringed during the recording process.
Legal basis:
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.
Article 67
The parties have the responsibility to provide evidence for their claims.
The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case.
The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures.
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