Nov
20
2017

WeChat circle of friends to do the case evidence expert how to define the scope of electronic data steam_api.dll

WeChat circle of friends to do the case evidence expert: how to define the scope of electronic data? [Abstract] recently, the supreme law, the Supreme People’s Procuratorate, Ministry of Public Security jointly issued the "Regulations" on the handling of criminal cases collected some problems of extraction and examination of the electronic data of electronic data of WeChat circle of friends, the future can be used as evidence in criminal cases, which caused public concern people.com.cn September 22 Beijing Xinhua (reporter Zhao Enze recently, the supreme law), the Supreme People’s Procuratorate, Ministry of Public Security jointly issued "Regulations on the handling of several problems in criminal cases were collected to extract and review the electronic data" (hereinafter referred to as the "Regulations"), documents show that the electronic data of WeChat circle of friends, the future can be used as evidence in criminal cases, which caused public opinion pay attention to. How to define the scope of electronic data? In addition to the circle of friends "finalists", "Regulations" referred to the electronic data also contains what kind? Documents show that electronic data including but not limited to the specific page, blog, microblogging, circle of friends, Post Bar, SkyDrive and other network platform of information communication; information mobile phone SMS, e-mail, instant messaging, group communication network application service; user registration information, authentication information, transaction records, electronic communication records, log log information; and documents, pictures, audio and video, digital certificates, computer programs and other electronic documents. For the extraction of data operation, the "Regulations", the judicial organs should extract electronic data to prove the facts of the case as the criterion, "electronic data is the process of forming cases occurred in the digital form for storage, processing, transmission, data to prove the facts of the case." China University of Political Science and Law professor Hong Daode told reporters that this document is only a judicial interpretation, although the Supreme People’s court, the Supreme People’s Procuratorate and the Ministry of Public Security jointly made by three, but in the implementation process should and must follow the "Criminal Procedure Law" provisions of the principles, procedures and systems. "It can be seen that the public security organs investigators in the collection of electronic data, we must focus on the guilt, innocence and seriousness of the crime, electronic data irrelevant to the case should not collect should not require to provide; irrelevant to the case of electronic data has been collected, the attention not only to protect the privacy of citizens should timely return or eliminate." Documents show that the provisions of the introduction of electronic data collection is designed to extract and review judgment, improve the quality of criminal cases handled, will be implemented from October 1, 2016. How to extract electronic data? "Regulations", the people’s court, the people’s Procuratorate and the public security organs have the right to obtain the relevant units and individuals to collect electronic data, according to the law. The relevant units and individuals shall truthfully provide. In the process of collection and extraction, it should be carried out by more than two investigators. The method of obtaining evidence shall conform to the relevant technical standards. At the same time, the investigation organ shall comply with the statutory procedures, follow the relevant technical standards, comprehensive, objective and timely collection, extraction of electronic data; the people’s Procuratorate, the people’s court shall focus on authenticity, legitimacy and relevance judgement of electronic data. "Regulations" also mentioned that the original storage medium located in the environment相关的主题文章:

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