Article 48 of the Criminal Procedure Law stipulates that all materials that can be used to prove the facts of a case are evidence. Evidence includes: (1) physical evidence; (2) Documentary evidence; (3) Testimony of witnesses; (4) the victim's statement; (5) confessions and excuses of criminal suspects and defendants; (6) Appraisal opinions; (7) Records of inquests, inspections, appraisals, investigations and experiments; (8) Audio-visual materials and electronic data. The evidence must be verified before it can be used as the basis for finalizing the case.
The difference between audio-visual materials and documentary evidence is that documentary evidence proves the facts of the case with the contents recorded in written documents, while audio, images and stored materials of audio-visual materials do not simply express ideological content with words and symbols, but independently reflect the real situation and legal facts of the case, which not only reflects the facts to be proved statically, but also dynamically explains the realistic scenes of the facts to be proved, which is different from documentary evidence. Audio-visual materials and physical evidence: physical evidence proves the facts to be proved by its own objective existence, while audio-visual materials prove the facts to be proved by timbre, images and the contents of stored materials, which are obviously different. The expert conclusion is a scientific conclusion made by the expert who uses his own professional knowledge and skills to identify the specialized problems in civil cases. The obvious difference from audio-visual materials is that the appraisal conclusion is the conclusion of the appraiser, while audio-visual materials reflect the facts to be proved.
To sum up, telephone recording can be used as evidence in criminal cases.
legal ground
Article 48 of the Criminal Procedure Law of People's Republic of China (PRC) * * * Defence lawyers have the right to keep confidential the relevant information and information of their clients that they know in their practice. However, if the defense lawyer knows that the client or others are preparing or committing criminal acts that endanger national security, public security and seriously endanger the personal safety of others, he shall promptly inform the judicial organs.