How long does it take to return a mobile phone that has been collected as evidence in a criminal case?

If a mobile phone is found to be irrelevant to the case after being collected as evidence in a criminal case, it will generally be returned within three days.

Among the electronic evidence currently used, text messages can be admitted as evidence, but it is very difficult to determine the effectiveness and cannot be used alone as final evidence. You should pay attention to the following points:

1. There must be evidence to prove that the mobile phone number does belong to the other party, and that it has not been stolen or sent text messages by mistake;

2. Text messages It is indirect evidence, so the parties concerned should provide as much other evidence that is beneficial to themselves as possible to corroborate each other. If all the evidence is consistent and forms a complete, effective, and tight chain of evidence, it will be easier to prove the existence of the facts;

3. Notarization can be carried out before litigation. According to relevant regulations, the parties can ask the notary authority to verify the existence of the facts. Mobile text messages will be notarized. Legal acts, legal facts and documents that have been notarized and certified through legal procedures shall be used by the People's Court as the basis for determining facts. Except where there is contrary evidence that is sufficient to overturn the notarized certification;

4. Pay attention to the legality of the evidence collection methods and the integrity of the evidence collection links, that is, the evidence collection methods or procedures must be legal to prevent the formation of evidence from being illegal. There are flaws.

Items unrelated to the case shall not be seized. The seized items shall be carefully checked together with the witnesses present and the holders of the seized items, and a list shall be drawn up on the spot in duplicate, signed or stamped by the investigators, witnesses, and holders, and one copy shall be given to the holder. , another copy is attached for reference.

The seized items shall be properly kept and shall not be used for other purposes. Articles that are not suitable for long-term storage shall be disposed of in accordance with relevant regulations. If no one claims rights to the property for six months or the right holder cannot be identified, it shall be auctioned publicly or disposed of in accordance with relevant national regulations, and the proceeds shall be turned over to the state treasury.

Legal Basis

"Public Security Management Punishment Law of the People's Republic of China" Article 89: When public security organs handle public security cases, they shall collect items related to the case that need to be used as evidence. , may be seized; property lawfully possessed by the offended party or a bona fide third party shall not be seized and must be registered.