Micro-blog circle of friends, every word, are likely to become evidence in court – Sohu news lata-01

Micro-blog circle of friends, every word can be provided on evidence – Sohu news the Supreme People’s court, the Supreme People’s Procuratorate, Ministry of public security, jointly issued "on the handling of criminal cases collected some problems of extraction and examination of electronic data" (hereinafter referred to as the "Regulations"), to further standardize the electronic data collect and review the extraction, improve the quality of handling criminal cases. In accordance with the "Regulations", the court and the procuratorate and the public security organs have the right to obtain the relevant units and individuals to collect electronic data, according to the law. When electronic data is being tampered with or lost "danger", the person in charge of the public security organ at or above the county level or the head of the public security organ may authorize the. "Regulations" pointed out that the electronic data is formed in the course of the case, in the form of digital storage, processing, transmission, to prove the facts of the case data. The testimony of the witness, the statement of the victim, and the confession of the suspect and the defendant, etc., are not included in the electronic data. The provisions of the collection, extraction of electronic data procedures to be standardized, clearly stipulates that the collection, extraction of electronic data shall be conducted by more than two investigators. The method of obtaining evidence shall conform to the relevant technical standards". At the same time, the "Regulations" requirements, collection, extraction of electronic data, electronic data can seize the original storage medium, shall be seized, sealed up the original storage medium, and making a record, record the original storage medium storage state. Compared with the traditional evidence, electronic data has the characteristics of high technology, instability and so on. Once it has been modified or deleted, the effectiveness of the evidence may be lost, which will affect the smooth handling of the whole case. Therefore, the preservation of electronic data is particularly important. The "provision" pointed out that in the electronic data collection, extraction process, the investigators seized, sealed original electronic data storage medium, the calculation of electronic data integrity check value, production and storage of electronic data backup, frozen electronic data, to collect and extract relevant activities of electronic data can be used as evidence for the use of electronic data the protection method for video etc.. The "provision" in specifically by the public security organs at or above the county level or the person in charge of the approval of the chief procurator, four cases of electronic data can be frozen: large amounts of data, can not be extracted; the extraction time is long, may cause the electronic data to be tampered with or destroyed; can be more intuitive display of electronic data. Network application; other circumstances need to freeze. At the same time, the "Regulations" requirements, frozen electronic data shall be made to assist in the freezing notice, indicating the network application account frozen electronic data and other information sent to the electronic data holders, Internet service providers or relevant departments to assist. "Regulations" also stressed that the seizure of the original storage medium or extracted electronic data, you can restore, crack, statistics, correlation, peer checks. Where the specific issues involved in electronic data are difficult to determine, the judicial authentication institution shall issue an expert opinion or issue a report by the organization designated by the Ministry of public security. For the cases directly accepted by the procuratorate, the report may also be issued by the institution designated by the Supreme People’s procuratorate. In the electronic data transfer and display.相关的主题文章: