Can audio recordings be used as legal evidence?

Mondo Social Updated on 2024-02-21

In civil litigation, the type of evidence is required.

For example, documentary evidence, physical evidence, audio-visual materials, electronic data, witness testimony, etc. can be used as evidence.

According to Article 15 of the Several Provisions on Evidence in Civil Proceedings, where a party uses audio-visual materials as evidence, it shall provide the original carrier for storing the audio-visual materials.

Where parties use electronic data as evidence, they shall provide the originals. A copy of the electronic data that is consistent with the original made by the producer of the electronic data, or a printout or other output medium that can be displayed or identified directly from the electronic data, is regarded as the original of the electronic data.

Audio recording is a kind of audiovisual material, and if it is submitted as evidence, the original medium of the recording must be provided, and the audio recording submitted must also be consistent with the original medium, and there can be no editing or falsification.

And to ensure that the recording is legal and does not infringe on the privacy of others, it must be related to the case.

After the audio recording is submitted, the court will review the audio evidence to determine whether it is probative.

The opposing party can also challenge the recording material, and if the authenticity of the recording can be proved, the recording will be admissible by the court, and if not, then the recording evidence will not have legal effect.

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