Can I record the conversation with the staff for evidence collection? Is it illegal?

In order to obtain evidence, it is not illegal to talk to the staff with the video agreed by the other party.

According to the judicial interpretation of the Supreme People's Court, secret audio and video recordings are used as evidence;

1. Secret audio and video recordings cannot be used as civil evidence;

2. It can be used as evidence of innocence in the criminal field, and secret audio and video recordings obtained through legal procedures can be used as evidence of guilt;

3. In any case, the audio and video recordings agreed by the other party can be used as evidence;

4. Audio and video recording with the consent of the other party is not illegal, and audio and video recording without the consent of the other party is not illegal as long as it does not infringe relevant rights.

Because.

As one of the types of evidence stipulated by law, audio-visual materials exist in real life, but few cases are directly adopted and recognized by the court. The main reason is that audio-visual materials, as a kind of technical synthesis, rely on certain technical equipment to express, unlike other types of evidence such as documentary evidence and physical evidence, which directly reflect the objective facts to be proved.

The evidence in Article 63 of People's Republic of China (PRC) Civil Procedure Law includes:

(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.

Article 67 The people's court has the right to investigate and collect evidence from relevant units and individuals, and the relevant units and individuals may not refuse.

The people's court shall distinguish the authenticity of the documents submitted by the relevant units and individuals, and examine and determine their validity.

Article 69 The people's court shall take the legal facts and documents notarized by legal procedures as the basis for ascertaining the facts, except that there is evidence to the contrary sufficient to overturn the notarial certificate.

Article 71 The people's court shall distinguish the authenticity of audio-visual materials, and examine and determine whether they can be used as the basis for ascertaining facts in combination with other evidence in this case.

Article 76 A party may apply to a people's court for an appraisal of the specific circumstances of finding out the facts. If the parties apply for appraisal, the qualified appraisers shall be determined by both parties through consultation; If negotiation fails, it shall be designated by the people's court.