Does it count as evidence if it is captured on surveillance but does not admit it?

What is captured by surveillance but not admitted is considered evidence.

Due to relevant legal provisions, surveillance videos are audio-visual materials and are one of the legal types of evidence. But whether it can be used as evidence also needs to have the basic attributes of evidence. The three properties of evidence include authenticity, legality and relevance. Surveillance video as evidence must be from legal sources, cannot be edited, added, or deleted, and must be related to the facts to be proved in the case.

The case evidence will focus on the following contents:

1. Whether there is a description of the extraction process and whether the source is legal;

2. Whether it is the original and whether Copy and number of copies; if it is a copy, is it accompanied by a description of the reason why the original cannot be retrieved, the process of making the copy and the storage location of the original, and whether it is signed or stamped by the producer and the original audio-visual material holder;

3. Is there any violation of laws and relevant regulations such as threatening or luring the parties during the production process?

4. Is the identity of the producer and holder, and the time and place of production clearly stated? , conditions and methods;

5. Whether the content and production process are true, and whether there are any editing, additions, deletions, etc.;

6. Whether the content is related to the facts of the case. If there is any doubt about audio-visual materials, they should also be authenticated.

In summary, surveillance videos are audio-visual materials in the type of evidence. During the trial of a case, true and legal audio-visual materials can be submitted to the court as evidence. Even if the evidence is admitted by the court, it can only be used as a reference for the court to judge the case and convict, not as a basis.

Legal basis:

Article 50 of the Criminal Procedure Law of the People's Republic of China

Evidence and its types can be used to prove the facts of the case The materials are all evidence.

Evidence includes:

(1) Physical evidence;

(2) Documentary evidence;

(3) Witness testimony;

(4) Victim’s statement;

(5) Criminal suspect’s and defendant’s confession and defense;

(6) Expert opinion;

(7) Records of inspections, inspections, identifications, investigation experiments, etc.;

(8) Audio-visual materials and electronic data.