Can the recording be used as court evidence?

In litigation practice, in order to make the recorded evidence the basis of judgment, three conditions must be met at the same time:

First, the recorded evidence produced by the parties has not been spliced, edited or forged, and it is closely connected before and after, and the content has not been tampered with, which is objective, true and coherent.

Second, the acquisition of recorded evidence must comply with the law. Recording evidence holders who use methods that infringe on others' privacy or violate the prohibition of laws, such as eavesdropping in their workplaces or residences, are evidence obtained in violation of the prohibition of laws and cannot be used as litigation evidence.

Third, the other party did not refute or the reasons for rebuttal were not established. When the court takes the recorded evidence as the basis for judging a case, it should also examine whether there are doubts about the recorded evidence. If the other party questions the recorded data and provides sufficient evidence to refute it, then the recorded evidence will lose its probative force; If there is not enough evidence to refute it, the court shall confirm the probative force of the recorded evidence.

In addition, when collecting the required evidence by stealing records, we should try to use advanced recording equipment. In the actual operation process, we should try to choose a place with less noise interference for recording. When secretly recording, you should first show your identity and recording time, and skillfully guide or prompt the other party to show your identity, so as to enhance the credibility of the evidence.

Lawyer Ouyang suggested that recorded evidence is a flexible way to obtain other forms of effective evidence. As long as we pay attention to the form of evidence, recorded evidence can also play a decisive role in litigation.

Legal basis: Article 48 of the Criminal Law.

All the materials that can be used to prove the facts of the case are 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 the inquest, inspection, appraisal, investigation and experiment; (8) Audio-visual materials and electronic data. The evidence must be verified before it can be used as the basis for finalizing the case. ?