The surveillance video was originally used as on-site evidence after the accident. Viewing the surveillance video is one of the ways for the parties to obtain evidence, and the parties have the right to view the surveillance video. First of all, we should write an application for obtaining the surveillance video and hand it over to the relevant personnel of the public security organ, requesting to file a case and obtain the surveillance video, and the personnel of the public security organ will cooperate.
Legal evidence includes:
(a) the statement of the parties
(2) Documentary evidence;
(3) Physical evidence;
(4) Audio-visual materials;
(5) Electronic data;
(6) Testimony of witnesses;
(7) Appraisal opinions;
(8) Records of the inquest.
Evidence must be verified before it can be used as a basis for ascertaining facts.
According to the law, in criminal cases, surveillance video belongs to audio-visual materials of evidence. If the facts of the case can be proved, it can be used as evidence. However, according to the law, it cannot be used as a basis for finalizing the case alone, but must be combined with other evidence to confirm each other. If it is a civil case and bears the burden of proof, it can be copied and provided to the court with the consent of the administrator or holder who installed the surveillance video. If you disagree, you can apply to the people's court for taking evidence according to law within 7 days before the expiration of the time limit for adducing evidence, and the people's court will decide whether to take it. But again, the video can't be used as the basis of the final decision alone, and it must be combined with other evidence (such as witness testimony, documentary evidence, physical evidence, statements of the parties, etc.) to be used as the basis of the final decision.
Audio-visual materials should focus on the following contents:
(a) Whether it is accompanied by a description of the extraction process and whether the source is legal;
(two) whether it is the original, whether there is a copy and a copy; If it is a copy, whether it is accompanied by the reasons why the original cannot be retrieved, the production process of the copy and the storage place of the original, and whether the producer and the original audio-visual material holder sign it;
(three) whether there are threats, temptations and other acts in violation of laws and relevant regulations in the production process;
(four) the identity of the producer and the holder, and whether the time, place, conditions and methods of production are clear;
(five) whether the content and production process are true, and whether there are any editing, additions or deletions;
(six) whether the content is related to the facts of the case.
Legal basis:
Article 54 of the Criminal Procedure Law stipulates that people's courts, people's procuratorates and public security organs have the right to collect and obtain evidence from relevant units and individuals. The relevant units and individuals shall truthfully provide evidence.