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Can SMS be used as evidence for prosecution?
Legal analysis: SMS can be used as evidence for prosecution. Don't delete the text messages received by the mobile phone, save them in the mobile phone and the mobile phone memory card. At the same time, if it is submitted to the court as evidence, it is necessary to take the original carrier of the mobile phone and hand it over to the court. You also need to take screenshots of mobile phone messages, print them into photos, hand them over to the court for filing and cross-examination in court. The content of SMS is fixed, notarized and extracted into words, which has a strong proof function. Because after paying the notary fee, the notary office will notarize the brand, model and content of the mobile phone. In this case, the notarial certificate made by the notary office is more credible to the court.
Legal basis: Article 63 of the Civil Procedure Law of People's Republic of China (PRC). Evidence includes: (1) 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.
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