Two highs and one clarity: electronic data in the case of information network crime can be used as evidence

The two high schools have clear opinions that the electronic data and other materials collected by the public security organs in the investigation and verification of information network crimes can be used as evidence.

On August 30, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security jointly issued the "Opinions on the Application of Criminal Procedures for the Application of Criminal Procedures for Criminal Criminal Cases" (Fa Fa [2022] No. 23, hereinafter referred to as "Opinions"). Opinions will be implemented from September 1, 2022.

The "Opinions" clearly states that the crime of information network criminal cases includes the server where the network service is used for the network service used to implement criminal behavior, the location of the network service provider, the infringed information network system and the location of their managers, the criminal suspect during the crime process The location of the information network system used by the victim or other persons involved, when the victim was infringed, and the victim's property suffered losses. In the case of information network criminal cases involving multiple links, if the suspect helps the information network crime, the criminal place, place of residence, or the criminal place where the criminal place, or the help of the object can be investigated.

"Opinions" further regulates the evidence collection of information network crimes. The "Opinions" clearly states that the public security organs' investigation and verification rules of information network criminal cases stipulate that inquiries, inquiries, investigations, inspections, appraisal, and evidence materials can be adopted during the investigation and verification process. Measures, electronic data and other materials collected in accordance with the law during the investigation and verification process can be used as evidence in accordance with relevant regulations.

At the same time, the "Opinions" clarified the cross -regional evidence collection rules of information network crime cases. If the public security organs retrieve electronic data from the network service providers, they should produce a notice of evidence to indicate the relevant electronic data that needs to be retrieved. information. Requesting evidence notifications and relevant legal documents can adopt data electronic forms. For electronic data across regions, the relevant data electronic text can be transmitted through the informationization system of the public security organs.

In addition, network service providers can provide electronic data to the public security organs. If the electronic data is provided in the form of a data electronic text, the integrity of the electronic data should be ensured, and the electronic certification documents should be made, which contains the instructions for protecting electronic data integrity methods such as legal document numbers, unit electronic seal, and integrity verification value. information.

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