Can chat records be used as evidence to arrest prostitutes?

In today's society, whoring is not allowed by law, but also a crime. So when law enforcement officers catch prostitutes, can chat records be used as evidence to catch prostitutes? In order to answer this question, I will give you the corresponding answer for your reference and study. I hope the following answers are helpful to you.

First, can chat records be used as evidence to arrest prostitutes?

Online chat records can be used as evidence of whoring, but only as indirect evidence. The reason why it can't be used as direct evidence is that online chat records can only prove the motives of clients, but not the direct whoring behavior.

Internet chat records are a part of "audio-visual materials", which refer to audio, video and computer-stored materials that can be used as evidence, and are fixed and preserved evidence. Therefore, whether it is administrative procedure law, civil procedure law or criminal procedure law, "audio-visual materials" are included in the scope of evidence. However, audio-visual materials must be reviewed before they can be recognized as evidence.

At the end of 19, the Supreme Law promulgated the newly revised Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, which further refined and expanded the scope of electronic data, and this provision has also been implemented since May 1 20. Among them, the types of electronic data are refined, including five categories and various forms:

(1) Information published by web pages, blogs, Weibo and other online platforms;

(2) Communication information of network application services such as short messages, e-mails, instant messaging and communication groups;

(3) User registration information, identity authentication information, electronic transaction records, communication records, login logs and other information;

(four) documents, pictures, audio, video, digital certificates, computer programs and other electronic files;

(5) Other information stored, processed and transmitted in digital form that can prove the facts of the case.

This means that the chat record can be formally used as litigation evidence. What conditions should a chat record meet as valid evidence?

1. Authenticity: Make sure that the user of the WeChat chat record is the party to the case.

2. Legitimacy: The ways and means of obtaining WeChat chat records should be legal, and those that are illegal should be excluded.

3. Relevance: ensure the integrity and authenticity of the chat record, which cannot be tampered with, and the electronic data should be stored in the terminal carrier.

2. What evidence can't be used as evidence in WeChat chat?

According to Article 68 of the Supreme Law "Several Provisions on Evidence in Civil Proceedings": "Evidence obtained by infringing upon the legitimate rights and interests of others or violating the prohibitive provisions of the law cannot be used as the basis for determining the facts of the case." Therefore, verbal evidence obtained by illegal detention, violence, deception, threats and other methods cannot be used as the basis for determining the facts of the case.

Third, how to punish prostitutes who are caught?

Article 66 of the Law on Public Security Administration Punishment stipulates that "a person who engages in prostitution or whoring shall be detained for more than 10 days and less than 15 days, and may be fined not more than 5,000 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan. Whoever soliciting or soliciting prostitutes in public places shall be detained for not more than five days or fined not more than 500 yuan. "

At present, the system of reeducation through labor and shelter education for prostitution and whoring has been abolished.

The punishment of prostitutes by public security organs must be commensurate with the facts, nature, circumstances and social harm of the illegal act, and it is strictly forbidden to replace punishment, reeducation through labor, education and administrative detention with fines.

When the public security organs deal with prostitutes, they shall be punished according to the following standards: the prostitutes shall be detained for more than 18 days and less than 15 days, and may be fined less than 5,000 yuan; Prostitution with people who are more than 14 dissatisfied with 16, and prostitution with people who are more than 16 dissatisfied with 18 for the first time, due to life reasons, belongs to "minor circumstances" and is punished with detention of less than 5 days or a fine of less than 500 yuan; Prostitutes can receive education in accordance with the law, in addition to being punished for public security management; Those who have reached the age of 16 and are under the age of 18 have repeatedly engaged in prostitution, and those who have engaged in prostitution for more than two times over 18 shall be admitted to education according to law; Those who engage in prostitution or whoring after being dealt with by the public security organs shall be given reeducation through labor, and the public security organs shall impose a fine of not more than 5,000 yuan.