Can the recording be used as direct evidence?

As we all know, direct evidence has great reliability and strong probative effect. China has relevant regulations on evidence that can be used as direct evidence. So, can the recording be used as direct evidence? Today, I will tell you in detail whether the recording can be used as direct evidence, hoping to answer your questions.

Can the recording be used as direct evidence?

The recording cannot be used as direct evidence, but it can be used as evidence.

I. Classification of direct evidence

There are five kinds of direct evidence in practice:

The first is the statement of the parties.

Including statements of criminal victims, statements and excuses of criminal suspects and defendants, statements of parties in civil litigation and statements of parties in administrative litigation. It should be noted that not all the statements of the parties can become direct evidence. Only those statements of the parties who can directly prove the main facts of the case, such as the statements of the criminal victims, can become direct evidence only if they can show who committed the crime. Of course, because the parties are witnesses of the case, most of their statements can directly prove the main facts of the case and are the most common direct evidence. In addition, for the confession and defense of criminal suspects and defendants, the confession of criminal suspects and defendants is the direct evidence to prove their guilt, while the evidence that criminal suspects and defendants deny their guilt is the direct evidence to prove their innocence.

The second is the witness testimony that can prove the main facts of the case.

Such as the witness testimony that can point out who the criminal is, the witness testimony that can prove whether the civil legal relationship has occurred, changed or eliminated, and the testimony of the personnel present when the administrative organ implements the specific administrative act on whether the specific administrative act is legal.

Third, documentary evidence that can prove the main facts of the case.

Documentary evidence proves the facts of the case with its recorded contents. If the recorded content can directly prove the main facts of the case, it can become direct evidence, such as a signed reactionary slogan; The victim's diary of being violated; * * * Letters informing each other about the preparation or implementation of crimes with criminals during crimes; The service of IOUs, receipts and correspondence between the parties in civil proceedings; In administrative litigation, the administrative punishment decision made by the administrative organ and the relevant documents, letters and certificates issued by the administrative organ.

Fourth, audio-visual materials that can prove the main facts of the case.

If the surveillance video installed in a public place happens to record someone's theft, and the person can be identified according to the video, the video can become direct evidence.

Fifth, under certain circumstances, it can directly prove who committed the crime.

Generally speaking, physical evidence can't be direct evidence, but in a few specific cases, it can also be direct evidence, such as someone carrying guns, ammunition, drugs and other contraband. At this time, the above-mentioned items prove that the perpetrator has carried out the act of hiding guns and ammunition and using his place to illegally hold drugs, thus becoming direct evidence. Another example is that in civil litigation, the goods purchased on the spot can directly prove whether the civil legal relationship has occurred, changed or disappeared, which is also direct evidence.