Wechat content is a form of electronic data, which refers to information formed or stored in electronic media by means of e-mail, electronic data exchange, online chat records, blogs, Weibo, mobile phone short messages, electronic signatures and domain names.
As evidence, WeChat wants to be recognized and supported by the court, and the following certificates must be completed:
(1) It must be confirmed that the users of WeChat are both parties. The parties submit WeChat evidence to the court, but it cannot prove that the party using WeChat is a party to this case, which does not meet the subject conditions in principle.
(2) Ensure the legality of ways and means to obtain WeChat chat records. Obtaining evidence by illegal means such as illegal search and illegal seizure cannot be supported by the court.
(3) True and complete WeChat evidence must be provided, the relevance between WeChat evidence and other evidence must be guaranteed, and a complete evidence chain must be formed. In litigation cases, if you want to get the judge's approval and support for the evidence, you must ensure that the evidence is true, legal and relevant.
Article 94 of the Judicial Interpretation of the Criminal Procedure Law stipulates that audio-visual materials and electronic data shall not be used as the basis for finalization in any of the following circumstances:
(a) after examination can not determine the authenticity;
(two) the time, place and method of production and acquisition are in doubt, and it is impossible to provide necessary certificates or make reasonable explanations.