Can SMS and WeChat be used as court evidence? What is the basis?

Can SMS and WeChat be used as court evidence? What is the basis?

? As a kind of evidence, electronic data has been confirmed by three major procedural laws in China: criminal procedure law, administrative procedure law and civil procedure law. SMS and WeChat data have appeared in court as routine evidence, and electronic evidence will only be accepted by the court if it meets the three characteristics of legality, authenticity and relevance. In the process of litigation, the most common thing is that the authenticity of electronic data such as WeChat and SMS cannot be confirmed, which leads to the failure to confirm electronic data.

I. Verification of the authenticity of electronic data

As far as the standard of proof of evidence is concerned, among the three major lawsuits, criminal litigation has the highest standard of proof, which needs to eliminate reasonable doubt, while civil litigation has the lowest standard of proof, which requires a high probability, that is, as the saying goes, nine times out of ten. For example, a car killed b, and there were two people in the car, A 1 and A 2. A 1 admitted that he hit someone with his car, and there was no other evidence. On the evidence that A 1 constitutes a crime, the evidence is insufficient, and the reasonable suspicion that A 2 hit someone with a car cannot be ruled out. Therefore, the investigation organ should continue to investigate. In civil cases, the evidence basically meets the requirements. So in real life, the proportion of misjudged cases in civil trials is relatively high. So I will talk about how to prove the authenticity of electronic evidence from the common problems in electronic evidence collection and court cross-examination in criminal cases and administrative cases, and also refer to civil cases to ensure the authenticity of electronic evidence.

Second, how to submit electronic data to the court for court cross-examination?

Evidence preserved by means of storage media, video recording, etc. shall be submitted to the court after the electronic evidence is photographed. The photographed contents shall be complete, and the photographed contents and certification items shall be submitted in detail. During cross-examination in court, electronic data storage media such as mobile phones and video recording equipment shall be presented. In the court cross-examination, enter your user name and log in to display and cross-examine in turn. There was once a case in which the party denied that the telephone number was his. After the judge dialed in court, his phone rang and confirmed the corresponding evidence according to law.

Third, how to improve the awareness of evidence in life

In real life, electronic data such as WeChat and SMS are more common as evidence. Everyone should effectively raise their awareness of evidence in their lives, consciously and timely save the chat records of WeChat and SMS, especially to induce the other party to clearly express their intention of borrowing, owing money and promising repayment. In the process of making money, we should pay attention to the use of money, such as paying off debts and borrowing money from XXX. In case of a dispute, we will have the evidence in hand and not be afraid of the other party's breach of contract.