First, can the recording of the conversation between the lawyer and the client be used as legal evidence?
1. It can be used as evidence, but according to the provisions of our country's Criminal Procedure Law, the evidence
needs to pass the test of cross-examination in court. That is the so-called three properties of evidence: authenticity, legitimacy, and relevance.
2.
When these five conditions are met, the record is valid:
(1) It shall not be carried out in a manner that infringes on the legitimate rights and interests of others or seriously violates public order and good customs Recording, such as breaking into other people's homes and recording by force, installing eavesdropping equipment to record in other people's homes or workplaces, etc. Recorded evidence obtained in this manner is likely to be excluded as a result of illegal means.
This requires that there should be no restrictions when recording the conversation between the two parties. For example, if you go to his company, he goes to your company, or he answers the phone at his home, it's all free of charge.
(2) Every word spoken by the other party is a free and true expression of meaning and cannot be intimidated or threatened. It is illegal for you to lock the other party in a place, force the other party to confess, or get the other party drunk at the wine table just to make excuses.
(3) The recorded material content needs to be true and coherent, the sound quality needs to be clear, and editing is not allowed. Fraud through editing can be detected. Forging evidence is not a trivial matter, and in serious cases it can constitute a criminal offence. Therefore, the recorded evidence must be closely connected and the content has not been tampered with, so that it can be authentic and consistent.
(4) Recordings are used as evidence and should not be used alone. This is because the recording will be somewhat controversial, so my country's "Litigation Evidence Regulations" clearly state that the probative power can only be confirmed by audio-visual materials that are supported by other evidence, obtained through legal means, and have no doubt.
(5) The original carrier of the recorded data should be retained. If the call is on a mobile phone, it is best to use the recording function that comes with your Android phone. Recording on Apple phones is difficult and sometimes requires downloading some recording software, which is not recommended. Of course, no matter how difficult it is, don’t turn on the speaker of your phone and use other devices to rip. This is because the court will look at the original carrier of the recording, and the retrieval will certainly not be as convincing as the original carrier. If it is a live recording, it is recommended to use a mobile phone or recorder with noise reduction function, because in actual operation, many recordings cannot be heard clearly and will not be used in the end. Therefore, when providing recorded materials to the court, whether using a tape recorder or a mobile phone, in addition to providing copies and simultaneously recorded text materials, the original recording must also be retained. You must bring the original carrier with you.
3. Legal provisions: "Criminal Procedure Law of the People's Republic of China".
Article 50: All materials that can prove the facts of a case are evidence.
Evidence includes:
(1) Physical evidence;
(2) Documentary evidence;
(3) Witness testimony;
(4) Victim’s statement;
(5) Criminal suspect’s and defendant’s confession and defense;
(6) Expert opinion;
(7) Inspection, inspection, identification, investigation and experimental records;
(8) Audio-visual materials and electronic data.
Evidence must be verified to be true before it can be used as the basis for finalizing a case.
Article 55: When sentencing in all cases, emphasis should be placed on evidence and investigation and research, and oral confessions should not be taken lightly. If there is only the defendant's confession and no other evidence, the defendant cannot be found guilty and punished; without the defendant's confession, if the evidence is reliable and sufficient, the defendant can be found guilty and punished.
If the evidence is reliable and sufficient, it should meet the following conditions:
(1) There is evidence to prove the facts of conviction and sentencing;
(2) The basis for finalizing the case The evidence has been verified to be true through legal procedures;
(3) Based on the evidence in the entire case, reasonable doubt has been eliminated as to the facts ascertained.
2. How long does it take to appoint a defender?
1. A criminal suspect has the right to entrust a defender from the first time he is interrogated or takes compulsory measures by the investigation agency; the defendant has the right to entrust a defender at any time.
2. Pay attention to distinguishing between criminal suspects and defendants. The criminal suspect refers to the name of the person who is criminally investigated for a crime before the prosecutor's office files an indictment in the court; the defendant refers to the name after the indictment. Therefore, a criminal suspect may entrust a defender from the day he is first interrogated or is subject to compulsory measures (summons, release on bail pending trial, residential surveillance, detention, arrest).
3. During the investigation, only lawyers can be entrusted as defenders.
The above are the editor’s answers to relevant legal questions. According to the provisions of my country's Criminal Procedure Law, recordings of conversations between lawyers and clients cannot be used as legal evidence, and the authenticity of the conversations cannot be determined.