How does the court identify SMS evidence?

Legal analysis: It depends on the authenticity of SMS and whether electronic evidence such as SMS can support other evidence in the case. Conditions that can be used as evidence: 1, by identifying the probative force of mobile phone short messages as evidence. SMS itself is easy to lose. Short messages are very easy to be deleted because of the wrong operation of the mobile phone holder, or maliciously deleted by stakeholders for their own consideration. 2. Confirming the probative force of SMS as evidence through presumption. Some mobile phones can easily modify the content of short messages, which makes it difficult to distinguish the authenticity of short messages. Usually, the method of judicial expertise is rarely used, but a more indirect way is used to infer the expertise. 3. Try not to use evidence such as text messages alone. It is necessary to comprehensively judge the probative force of mobile phone short messages in combination with other evidence. Text messages, audio recordings, videos and other materials can not be used as the basis for finalization alone, but need to be combined with other evidence to determine whether they can be used as evidence. Therefore, it is necessary to combine other evidence of the case to judge the evidence effectiveness of mobile phone short messages, the integrity of the evidence collection link and the form of evidence, which are all aspects that need to be investigated.

Legal basis: People's Republic of China (PRC) Electronic Signature Law.

Article 5 A data message that meets the following conditions shall be deemed to meet the requirements of the original form stipulated by laws and regulations: (1) It can effectively express the contents and can be retrieved for future reference at any time; (2) It can reliably ensure that the content remains complete and unchanged from the time it is finally formed. However, adding endorsements to data messages and changing forms in the process of data exchange, storage and display do not affect the integrity of data messages.

Article 7 Data messages shall not be refused to be used as evidence just because they are generated, sent, received or stored by electronic, optical, magnetic or similar means.