How does wechat chat record serve as effective evidence?
Wechat is a handheld communication tool that integrates voice, SMS, payment, games and other functions. People use wechat to take a taxi, shop, even borrow money and talk about business. Wechat has become an essential part of our daily life.Wechat chat records can be tampered with, forged does not necessarily be accepted by the court let’s take a look at two cases!Case 1: From 2012 to 2013, Ms. Deng purchased tea, tea set and other products from Boss Wang, with a total credit of more than 20,000 yuan.In 2021, When wang was sorting out his accounts, he found that Deng had not yet paid the loan, so he asked her for it.After many years, Ms. Deng insisted that she did not buy anything in the boss wang, unwilling to pay for goods.Helpless, wang boss can only Sue to tonglu court, Ms. Deng asked to pay arrears.In order to prove that the relationship between the two parties did exist, Wang submitted wechat chat records to the court as evidence.At the court hearing, Ms. Deng did not recognize the authenticity of the wechat chat records, and the judge immediately asked Wang to show the original wechat chat records, but Wang said that the original records in the phone had been cleaned up and could not provide.As Wang could not prove the authenticity of the wechat chat records, the court ultimately rejected them.Fortunately, when Boss Wang submitted evidence, together with the delivery list and receipt of the original transaction, to prove the amount of Ms. Deng owed the payment, the court supported boss Wang’s appeal.Case 2 Boss Li is a knitting factory, and boss Zhang has business contacts.In 2021, After checking the account, Li found that Zhang still had more than 200,000 yuan in payment, so he asked Zhang for it through wechat. Zhang replied in wechat: “Still owe 60,000 or 70,000 yuan, not so much as 200,000 yuan.”Because the two sides account discrepancy is too big, can not reach, li boss can only Sue to the court.In order to win the case, Li submitted his wechat chats with Zhang as evidence.But unexpectedly, when the court session, Zhang boss directly denied the authenticity of wechat chat records, suspected that wechat chat records are fictional.In order to prove the authenticity of the chat records, Boss Li took out his mobile phone and presented the wechat signals, wechat profile pictures and the original wechat chat records in court and played the voice.When the judge asked Zhang if he owned the wechat account, zhang could only admit it.In the face of conclusive evidence, Boss Zhang finally reached a mediation agreement with Boss Li and guaranteed to pay off the goods within the specified time limit.So how to make wechat chat record screenshots become effective “evidence presented in court”?Xiaobian highlights for you!Q: How to save and fix wechat chat evidence?1. Keep the original carrier properly.Get in the habit of backing up your chats. If your phone gets new or you run out of storage space, make a backup copy of your chats on your computer ahead of time.2. Use the Tencent E-Signature function as required.Wechat recently launched a mini program called Tencent E-Sign, which is mainly used to manage receipts and sign rental contracts.Signing electronic contracts through this small program, the signing process and results will be fixed through the whole process of blockchain technology, eliminating the possibility of tampering to the greatest extent, avoiding the problem of evidence loss, and ensuring the security of evidence.Q: How to submit a copy of wechat chat records before the court session?1. Interface for submitting personal information of both parties.The personal information interface includes wechat profile picture, nickname, wechat account, region and other information, which can help determine the authenticity of the party’s identity.2. Complete wechat chat records.The submission of wechat chat records must be complete and uninterrupted, not only intercept the beneficial part, the voice should be converted into text, video should be stored with CD and other storage devices.Q: How to show the original evidence to the judge and the opposing party during the court session?According to the requirements of the judge, log in to wechat with the device saving wechat chat records, display the personal information interface of both parties to verify identity, display the chat content to prove the authenticity of evidence, and open the display of voice, video, pictures, transfer information and other content.This is to ensure the authenticity of the identity and content of the presentation.Many parties think that Tencent can restore or provide backup even if they accidentally empty their wechat chat records, but in fact Tencent cannot provide wechat chat records, and the parties can only pay for their “careless” behavior!Prosecutors cautioned that electronic data does not mean that people can delete their records after printing them or taking screenshots of their phones.As a new form of evidence, electronic evidence is more tamper able than traditional evidence. Therefore, if you want to use wechat chat records as evidence, in the absence of other evidence, three points should be paid attention to: first, the original carrier must be provided;Second, it is necessary to confirm that the other party of wechat chat is the other party of the case, that is, to prove that the other party is the user of the wechat signal;Third, the integrity of the chat records on the original carrier should be guaranteed, and it is not allowed to delete them at will, otherwise the integrity will be questioned and the evidence may not be accepted.Source: Tonglu County People’s Court Editor: Wu Baojie Review: Liu Lei, Wu Di