Joke Collection Website - Blessing messages - Can pimping be convicted only by chatting?
Can pimping be convicted only by chatting?
No, but this can be used as evidence for conviction and can be kept. The evidence must be verified before it can be used as the basis for finalizing the case. Article 48 of the Criminal Procedure Law All materials that can prove the facts of a case are evidence. Evidence includes:
(1) Physical evidence;
(2) Documentary evidence;
(3) Testimony of witnesses;
(4) the victim's statement;
(5) confessions and excuses of criminal suspects and defendants;
(6) Appraisal opinions;
(7) Records of inquests, inspections, appraisals, investigations and experiments;
(8) Audio-visual materials and electronic data. The evidence must be verified before it can be used as the basis for finalizing the case.
Second, the probative force analysis of WeChat chat records
Although WeChat chat records can be used as evidence, it is not easy to make them have corresponding probative force and become the basis for determining the facts of the case. Regardless of the relevance between the content of WeChat evidence and the facts of the case for the time being, WeChat evidence must meet the following two conditions before it can be accepted:
1. Yes, confirm the identities of both users of WeChat.
Since WeChat is not a real-name registration system, if the user of WeChat cannot be proved to be a party to this case, the evidence of WeChat cannot be legally related to this case. At present, there are four main ways to confirm the identity of WeChat users: the other party admits; Identification of WeChat avatar or WeChat photo album; The real name of the network, the authentication materials of the sender of electronic data or the identity authentication of the owner; A third party organization, namely Tencent, a software provider, assisted in the investigation.
The first two methods are obviously accidental and cannot be used as normal confirmation methods. The latter two methods involve the third-party technical assistance of software suppliers, but they have not yet formed a benign operation process, and naturally it is impossible to submit a WeChat record yourself as you imagined.
2. It is the integrity of WeChat evidence.
This condition is related to the authenticity and relevance of WeChat evidence, because WeChat evidence is a living fragmented record. If it is incomplete, it may be taken out of context and cannot reflect the complete true meaning of the parties. Due to the lack of clear authentication rules and specialized electronic evidence authentication institutions, some notarization authentication is flawed, which makes it more difficult for the court to authenticate electronic evidence. Therefore, it is an inevitable demand for the development of WeChat evidence to establish a special electronic data evidence appraisal institution and clarify its certification rules.
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