Three departments jointly issued the new regulations micro-blog circle of friends can also be used

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Three departments jointly issued new regulations of micro-blog circle of friends can make criminal evidence – Beijing, micro-blog circle of friends can make criminal evidence of the supreme law of the Supreme People’s Procuratorate and Ministry of Public Security jointly issued new regulations clear how to extract the electronic data process to regulate the electronic data collection and extraction of judgement, improve the quality of handling a criminal case, the Supreme People’s court the Supreme People’s Procuratorate and the Ministry of public security department three days before jointly formulated and issued the "Regulations on the handling of several problems in criminal cases were collected to extract and review the electronic data". The regulations will come into force on October 1, 2016. What is electronic data? The provisions of the electronic data that is formed in the course of the case, in the form of digital storage, processing, transmission, to prove the facts of the case data. Including but not limited to the web, 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, electronic transaction records and communications records, logs and other information; as well as documents, pictures, audio and video, digital certificates, computer programs and other electronic documents. The provisions made clear, 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. Where electronic data involves state secrets, commercial secrets or personal privacy, it shall be kept confidential. How to display electronic data? In the electronic data transfer and display area, provided that the collection and extraction of the original storage medium or electronic data, should be sealed state with the case, and the production of electronic data backup shall be transferred. The public security organs shall be submitted to the procuratorate for examination and approval of the arrest of a criminal suspect, or on the end of the investigation of cases transferred to the procuratorate for examination and prosecution, shall submit the electronic data evidence shall be transferred to the procuratorate. The electronic data of the prosecution and defense to the court to show, according to the type of electronic data, with the help of multimedia equipment to produce and broadcast, demo. If necessary, it may engage in the operation of a person with special knowledge and explain the technical issues. On the web, documents, pictures and other electronic data can be directly displayed, you can not move with the case of printed matter; can not directly display electronic data, should be transferred with the case of print. Electronic data review? Regulations stressed that the procuratorate, the court should be around the authenticity, legality, relevance to review and determine electronic data. Whether or not the electronic data is true, we should focus on the following four aspects. Among them, the authenticity of electronic data should be focused on examining whether the transfer of original storage medium; the original storage medium can not be sealed, the inconvenience of moving, there is no reason, location or electronic data sources and indicate the collection, extraction process and original storage medium; electronic data has a digital signature, digital certificate and other special logo whether the collection and extraction process; electronic data can be reproduced; electronic data such as add, delete and modify the situation, whether with instructions; whether can guarantee the integrity of electronic data etc.. .相关的主题文章: