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Judicial Interpretation of Electronic Data Evidence

The contents of the judicial interpretation of electronic data evidence are mainly as follows: 1. Whether it is transferred with the original storage medium; when the original storage medium cannot be sealed, is inconvenient to move, or should be kept, processed, and returned by the relevant departments according to law, Whether the extraction and copying of electronic data is carried out by more than two people, whether it is sufficient to ensure the integrity of the electronic data, and whether there are written instructions and signatures on the extraction and copying process and the storage location of the original storage medium; 2. Whether the collection procedures and methods comply with the law and relevant laws and regulations. Technical specifications; whether electronic data collected through investigation, inspection, search and other investigative activities are accompanied by transcripts, lists, and signed by investigators, electronic data holders, and witnesses; if there is no signature of the holder, whether it is marked Reasons; when remotely retrieving electronic data from abroad or in other places, whether the relevant circumstances are indicated; whether the specifications, categories, file formats, etc. of the electronic data are clearly stated; 3. Whether the content of the electronic data is authentic and whether it has been deleted, modified, or added etc.; 4. Whether the electronic data is related to the facts of the case; 5. Whether the electronic data related to the facts of the case are fully collected. Article 6 of the "Regulations on Several Issues Concerning the Collection, Extraction, Review and Judgment of Electronic Data in the Handling of Criminal Cases" Electronic data collected and extracted during the preliminary investigation process, as well as electronic data extracted online through the Internet, can be used as evidence. Article 7 The collection and extraction of electronic data shall be carried out by two or more investigators. Evidence collection methods should comply with relevant technical standards. Article 8 When collecting and extracting electronic data, if the original storage medium of the electronic data can be seized, the original storage medium shall be seized and sealed, and a transcript shall be made to record the sealing status of the original storage medium. When sealing the original storage medium of electronic data, it should be ensured that electronic data cannot be added, deleted, or modified without releasing the sealing status. Photos of the original storage media being sealed should be taken before and after sealing to clearly reflect the condition of the seal or where the seal is posted. To seal storage media with wireless communication functions such as mobile phones, measures such as signal shielding, signal blocking, or power cutoff should be taken. Legal basis: Article 93 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the "Criminal Procedure Law of the People's Republic of China" regulates emails, electronic data exchange, online chat records, blogs, microblogs, mobile phone text messages, electronic Electronic data such as signatures and domain names shall focus on the following examinations: (1) Whether it is transferred with the original storage medium; when the original storage medium cannot be sealed, is inconvenient to move, or should be kept, processed, and returned by relevant departments according to law, the electronic data shall be extracted and copied Whether it is carried out by two or more people, whether it is sufficient to ensure the integrity of the electronic data, whether there is a written description and signature of the extraction, copying process and the storage location of the original storage medium; (2) whether the collection procedures and methods comply with the law and relevant technical specifications; Whether the electronic data collected during investigation, inspection, search and other investigative activities are accompanied by transcripts and lists, and signed by investigators, electronic data holders, and witnesses; if there is no signature from the holder, whether the reasons are stated; remote investigation If electronic data is obtained from abroad or from another place, whether the relevant circumstances are indicated; whether the specifications, categories, file formats, etc. of the electronic data are clearly stated; (3) whether the content of the electronic data is authentic and whether there are any deletions, modifications, additions, etc.; (4) Whether the electronic data is related to the facts of the case; (5) Whether the electronic data related to the facts of the case are fully collected. If there is any doubt about the electronic data, identification or inspection should be carried out.