Can mobile phone screenshots be used as evidence?

Screenshots of mobile phones can be used as evidence.

Screenshots can be used as evidence or as evidence display, but what kind of evidence and the effectiveness of screenshots as evidence need to be analyzed according to different situations. The common screenshots in litigation are mainly chat records of instant messaging tools such as SMS and WeChat, because these records are only codes, which are the most intuitive to display through screenshots and convenient for judges and other participants in litigation. But the screenshot is not original evidence, similar to plagiarism/copying. According to the law, screenshots alone cannot be used as the basis for determining the facts of the case, and other evidence is needed to reinforce it, and both parties need to cross-examine.

All evidence should have probative force and probative force. The probative force of evidence refers to the probative effect of evidence on the facts of the case to be proved. The probative force of evidence refers to the qualification that evidence materials are legally allowed to be used as evidence. This is the basic feature of evidence.

The specific performance is as follows:

1, objectivity. The objectivity of litigation evidence means that litigation evidence is an objective fact, not something that people speculate and are false. The objectivity of litigation evidence is the essential feature of litigation evidence, which is determined by the objectivity of the case facts themselves;

2. Relevance. The relevance of litigation evidence refers to the objective connection between litigation evidence and the facts to be proved in the case. Evidence is both an objective fact and a fact related to the facts of the case. There are many kinds of objective facts, not all of which can become evidence, only those objectively related to the facts of the case can become evidence;

3. legitimacy. The legality of evidence means that litigation evidence must be factual materials obtained in accordance with legal requirements and legal procedures. This feature of evidence shows that: first, the provision, collection and examination of litigation evidence must meet the statutory procedural requirements. Whether the public security and judicial personnel collect evidence or the parties or other participants in the proceedings provide evidence, it should be legal, otherwise it cannot be used as evidence in the proceedings.

legal ground

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

Article 63 Evidence shall include:

(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.