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The public security organs have the right to view the micro blog case the circle of friends and oth

FA Fa [2016] No. 22

Supreme People’s court, the Supreme People’s Procuratorate, Ministry of public security,

issued the notice on the collection of criminal cases and the examination and approval of the determination of several issues of electronic data

of the provinces, autonomous regions and municipalities directly under the Supreme People’s court, the people’s Procuratorate and the Public Security Bureau (bureau), the PLA military court and procuratorate, the higher people’s Court of the Xinjiang Uygur Autonomous Region production and Construction Corps Branch of the Xinjiang production and Construction Corps, the people’s Procuratorate and the Public Security Bureau:

is the standard of electronic data collection and extraction of examination and judgment, improve the quality of handling a criminal case, the Supreme People’s court and the Supreme People’s Procuratorate, the Ministry formulated the "Regulations on the handling of several problems in criminal cases were collected to extract and review the electronic data". Are hereby issued to you, please earnestly implement. The problems in the implementation, please timely are reported to the Supreme People’s court, the Supreme People’s Procuratorate, Ministry of public security.

Supreme People’s Court Supreme People’s Procuratorate

Ministry of public security

September 9, 2016

Supreme People’s court, the Supreme People’s Procuratorate, Ministry of public security,

regulations on the collection and examination of electronic data for criminal cases

is the standard of electronic data collection and extraction of examination and judgment, improve the quality of criminal cases handled according to the provisions of the relevant laws of People’s Republic of China, "criminal procedural law", combined with judicial practice, the enactment of this provision.

a, the general provisions of

the first electronic data is formed in the course of the case, in the form of digital storage, processing, transmission, to prove the facts of the case data.

electronic data include, but are not limited to, the following information, electronic documents:

(1) website, blog, micro blog, circle of friends, Post Bar, SkyDrive and other network platform release information;

(two) SMS messaging, e-mail, instant messaging, communications group, such as network application services communication information;

(three) user registration information, identity authentication information, electronic transaction records, communications records, log logs and other information;

(four) documents, pictures, audio and video, digital certificates, computer programs and other electronic documents.

in the form of digital records of the testimony of witnesses, statements of victims and criminal suspects, defendants confession and justification and other evidence, does not belong to electronic data. Where it is necessary, the relevant provisions of the collection, extraction, transfer, review, may refer to the application of these provisions.

second 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. < >

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