Provisions of the Supreme Court on Electronic Evidence

Legal subject:

Supreme Law, Supreme People's Procuratorate and Provisions of the Ministry of Public Security on the Collection, Extraction and Judgment of Electronic Data. In order to standardize the collection, extraction, examination and judgment of electronic data and improve the quality of handling criminal cases, this provision is formulated in accordance with the Criminal Procedure Law of the People's Republic of China and other relevant laws and regulations, combined with judicial practice. Electronic data refers to the data formed in the process of handling a case, stored, processed and transmitted in digital form, which can prove the facts of the case. Electronic data includes, but is not limited to, the following information and electronic files: (1) Web platforms such as web pages, blogs, Weibo, friends circle, post bars and network disks; (2) Communication information of network application services such as SMS, email, 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 and video, digital certificates and other information; (five) the use of the Internet and Internet information. (d) Documents, pictures, audio and video, digital certificates, computer programs and other electronic documents. Legal goal:

Article 5 of the Criminal Procedure Law can be used to prove the facts of a case, which belongs to 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; (seven) records of the inquest, inspection, identification, investigation and experiment; (8) Audio-visual materials and electronic data. The evidence must be verified before it can be used as the basis of the case.