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

SMS and WeChat records as electronic evidence can of course be submitted to the court as evidence! However, whether the court accepts the letter as the basis for deciding the case needs to examine three characteristics of the evidence: objectivity, legitimacy and relevance. Let's talk about some personal understandings from these three properties:

The first is objective authenticity: in fact, the so-called objectivity is relatively subjective, emphasizing the characteristics of not being transferred by people's subjective will. For example, the objectivity of paper IOUs is stronger than the objectivity of witness testimony (although IOUs may also be fraud, fraudulent IOUs are also objective evidence of fraud! Therefore, objectivity is the most basic factor and feature of evidence.

Secondly, we should pay attention to legitimacy: How did (1) come from? The law requires legal personnel to collect in accordance with the procedures and methods prescribed by law. For example, in reality, if you want the other party to record SMS or WeChat, the other party just won't give it. Of course, your application for court retrieval meets the conditions of legal source. On the contrary, if you organize several important people to rob each other's mobile phones and then extract them yourself, the consequence is that even if this evidence is beneficial to you, it may not be accepted because the source is illegal; (2) What does it look like? When someone answered before, the example was vivid, that is, throwing the mobile phone in front of the judge during the trial, and then saying arrogantly: Look, is this evidence conclusive? ? . But in reality, this form is likely to face adverse consequences. Someone has a good suggestion, that is, fix it through notarization procedure and submit it to the court in writing.

Finally, the issue of relevance. Very realistic question: how to confirm that these short messages or WeChat records are sent by the other party? Can other people use this number or account? Although most mobile phone numbers and micro-signals are real-name registration systems at present, to solve this problem, it is necessary to prove their relevance through other evidence. We have dealt with a case before. After killing the victim, the suspect used the victim's mobile phone to chat with his own mobile phone, creating the illusion of harmonious relationship between the two sides.

It should be emphasized that whether it is a criminal case or a civil case, it will not rely solely on single evidence such as SMS and WeChat records to determine the facts. It is necessary to conduct a complete review of the case in combination with other evidence materials to determine whether these evidences can form a chain of evidence.