Conditions of telephone recording as evidence

Telephone recording, mobile phone text messages and mobile phone cameras can all be used as evidence in litigation, but there are still certain restrictions. One is telephone recording, SMS, mobile phone camera, etc. The original carrier should be preserved as far as possible: Article 22 of the Supreme People's Court's Several Provisions on Evidence in Civil Proceedings (hereinafter referred to as "Several Provisions") stipulates: "When investigating and collecting audio-visual materials such as computer data or audio and video recordings, investigators should ask the respondents to provide the original carrier of relevant materials. If it is really difficult to provide the original carrier, a copy can be provided. Second, telephone recording, SMS, mobile phone camera, etc. Shall not infringe upon the privacy of others: Article 68 of Several Provisions is limited to "evidence obtained by infringing upon the lawful rights and interests of others or violating the prohibitive provisions of the law", and the former includes evidence obtained by infringing upon the lawful rights and interests of others by means of detention or coercion. The latter includes all evidence obtained in violation of the prohibitive provisions of the law. Because of the particularity of marriage cases, such a way of obtaining evidence cannot be treated as illegal evidence. As long as it is not obtained through detention, coercion and other acts that seriously infringe upon the legitimate rights and interests of others, or by violating the prohibitive provisions of procedural law and substantive law, it should be considered that the evidence has evidential capacity. Third, telephone recordings, text messages, cameras and other evidence should not be used alone as far as possible: audio-visual materials such as text messages and cameras can not be used alone as the basis for determining the facts of the case, but only when supported by other evidence can they be used as the final evidence of the case. China's civil procedure law and judicial interpretation have provisions. For example, Article 69 of the Civil Procedure Law stipulates that "the people's court shall distinguish the authenticity of audio-visual materials and examine whether it can be used as the basis for ascertaining the facts in combination with other evidence in this case"; Article 69 of Several Provisions further clearly stipulates that "doubtful audio-visual materials" cannot be used as the basis for determining the facts of a case alone.

Legal basis:

Article 63 of the Civil Procedure Law, the evidence includes: (1) the statement 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.