Is the audio and video evidence valid?

time：2024-10-13 15:02:41 Gadget Insights

Validity of surreptitious audio and video recordings

Secretly audio or video recording evidence has legal effect under certain conditions, and may be used as lawful evidence in court. According to Article 70 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, audio recording evidence that meets the following conditions has legal effect:

1. The recording evidence presented by the parties has not been edited, edited or forged, is closely connected, the content has not been tampered with, and has objective authenticity and coherence;

2. The acquisition of audio evidence complies with the provisions of law, and there is no infringement of the lawful rights and interests of others or violation of legal prohibitions;

3. The parties do not have sufficient evidence to refute it;

4. There is other evidence to corroborate.

It should be noted that audio-visual evidence obtained by placing illegal recording equipment in other people's residences or workplaces, or by other illegal means, generally does not have legal effect. In addition, if there is only audio evidence and no other supporting evidence, it is difficult to obtain support from the court. Therefore, when collecting audio recording evidence, it is necessary to pay attention to the legality and relevance of the evidence.

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