my country’s Criminal Procedure Law stipulates that all materials that can be used to prove the facts of a case are evidence. Audio-visual materials and electronic data are evidence, and the evidence must be verified to be true before it can be used as the basis for finalizing a case. In other words, it must be verified and combined with other evidence to form an evidence chain before it can become evidence.
Audio-visual materials refer to audio, video, and computer-stored data as evidence, which are fixed and preserved evidence. It's more reliable and closer to reality. However, audiovisual materials must be reviewed before they can be considered evidence.
Relevant factors that affect the effectiveness of recording evidence:
1. When submitting recording evidence, the original carrier of the recording, such as a recording pen, mobile phone, etc., is required. Some people import the recording content into a computer. If it is archived in the form of an audio file and then burned to a disc in court, it is no longer the original piece of evidence. Evidence without the original piece will be fatal.
2. The recording must be complete. If the recording is cut off from beginning to end and the remaining content is only dry content that is beneficial to oneself, such evidence will not be admitted.
3. The recording evidence will not be used alone as the basis for finalizing the case, because the limitations of the recording itself determine that it cannot prove all legal relationships and the rights and obligations between the parties. It is more about proving the case. Some facts and details, so the recording evidence should be used together with other documentary evidence, physical evidence and other evidence.
How the court cross-examines
For the presentation and cross-examination of evidence, the prescribed order is:
1. The plaintiff presents evidence, the defendant cross-examines; the defendant presents evidence, the plaintiff Cross-examination.
2. The plaintiff and the defendant cross-examine the evidence presented by the third party; the third party cross-examines the evidence presented by the plaintiff and the defendant.
3. The judges present the evidence collected through investigation by the People’s Court, and the plaintiff, defendant and third party conduct cross-examination.
With the permission of the presiding judge, the parties may ask questions to witnesses, and the parties may also ask questions to each other. The presiding judge may also question both parties.
If there are two or more independently existing facts or litigation claims in the case, the parties may be required to state the facts and reasons one by one, present the evidence one by one, and conduct separate investigations and cross-examinations.
Facts that are not disputed by the parties do not need to be stated or cross-examined. The evidence submitted to the court by the parties shall be read out by the parties or their litigation representatives. If the parties and their litigation representatives are unable to read out the evidence due to objective reasons, the judges may read it out on their behalf. The evidence that the people's court investigates and collects in accordance with its authority shall be read out by the judges.
For the same case facts, unless the burden of proof is reversed, the party making the claim should provide evidence first, and then the other party should provide evidence. If the other party cannot adduce evidence sufficient to overturn the previous fact, the fact may be determined; if it can adduce evidence sufficient to overturn the previous fact, the party making the claim shall continue to adduce evidence.
I hope the above content will be helpful to you. If you have any other questions, please consult a professional lawyer.
Legal basis: "Article 67 of the Civil Procedure Law of the People's Republic of China"
The parties concerned have the responsibility to provide evidence for their claims.
If the parties and their agents ad litem cannot collect evidence on their own due to objective reasons, or if the people's court deems it necessary to hear the case, the people's court shall investigate and collect it in a comprehensive and comprehensive manner in accordance with legal procedures. Review and verify evidence objectively.