Provisions on audio and video recording of criminal cases

In order to ensure that the public security organs interrogate and collect evidence according to law, standardize the audio and video recording work of interrogating criminal suspects, and safeguard the legitimate rights and interests of criminal suspects, these Provisions are formulated in accordance with the relevant provisions of the Criminal Procedure Law of People's Republic of China (PRC) and the Procedures for Handling Criminal Cases by Public Security Organs.

Audio-visual recording of interrogating a criminal suspect means that the public security organ simultaneously records the whole interrogation process by using audio-visual recording equipment while interrogating a criminal suspect. The audio and video recording of the interrogation process shall be continued in each interrogation process and kept intact, and shall not be selectively recorded, edited or deleted.

In the process of handling criminal cases, if a criminal suspect is interrogated remotely in a detention center or through online video, the interrogation process shall be recorded and videotaped. Public security organs at all levels should actively create conditions to realize audio and video recording of all criminal cases as soon as possible. Equipment finance, police support, science and technology, information and communication departments shall provide support and support for interrogation audio and video recording.

Recording can be used as direct evidence in criminal cases. However, the recorded evidence produced by the parties concerned should meet the requirements that it has not been spliced, edited or forged, closely connected before and after, and the content has not been tampered with, with objective authenticity and consistency, and the acquisition of recorded evidence must comply with the law. Article 50 of the Criminal Procedure Law All that can be used to prove the facts of a case is 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.

Legal basis: Article 2 16 of the Procedures for Handling Criminal Cases by Public Security Organs. When exploring the site, it is necessary to take photos of the site, draw a map of the site, and make a record, which shall be signed by the participants and witnesses. The on-site investigation of major cases shall be recorded and videotaped.