The three sector micro-blog circle of friends have the right to transfer criminal cases involving pu-face gossip

The three sector: micro-blog circle of friends have the right to transfer criminal cases involving public security cracked – Beijing, the supreme law of the Supreme People’s Procuratorate the Ministry of Public Security jointly issued a clear criminal case judgment of electronic data collection problems in micro-blog circle of friends have the right to transfer criminal cases involving public security cracked before the supreme law, the Supreme People’s Procuratorate, Ministry of Public Security jointly issued "on the handling of criminal cases and review the electronic data collected from some of the provisions" (hereinafter referred to as the "Regulations") clear, web page, blog, microblogging, circle of friends, Post Bar, SkyDrive and other network platform to release the information belongs to the electronic data. In addition, in accordance with the provisions of the court and the procuratorate and the public security organs have the right to obtain the relevant units and individuals to collect electronic data, according to the law. 1 what is electronic data evidence? Circle of friends for the first time included in the scope of information evidence in accordance with the "Regulations", including the circle of friends, blog, SkyDrive, the new electronic information file, has also been included in the scope of electronic data. "Regulations" clearly, the 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 including but not limited to the following information, electronic documents: (a) the web, blog, microblogging, circle of friends, Post Bar, SkyDrive and other network platform to release the information; (two) the communication information of mobile phone text messages, e-mail, instant messaging, group communication network application services; (three) the user registration information, identity the authentication information, transaction records, electronic communication records, logs and other information; (four) documents, pictures, audio and video, digital certificates, computer programs and other electronic documents. In addition, in the form of digital records of the testimony of the witness, the victim statement as well as criminal suspects, defendants confession and justification and other evidence, does not belong to electronic data. 2 how to preserve electronic evidence? The investigators seized evidence storage medium compared with traditional evidence, electronic data has high-tech, instability characteristics, once it has been modified or deleted, it is possible to lose its effect of evidence, thereby affecting the entire the smooth handling of the case. Therefore, the preservation of electronic data is particularly important. The "provision" clearly: in the electronic data collection, extraction process, the investigators seized, sealed original electronic data storage medium, the calculation of electronic data integrity check value, production and storage of electronic data backup, data collection, freezing, extraction of activities related to electronic data to be used as evidence of use of electronic data the protection method for video etc.. In addition, the provisions specifically in the public security organs at or above the county level or the person in charge of the approval of the chief procurator, four cases of electronic data can be frozen: large amounts of data, can not be extracted; the extraction time is long, may cause the electronic data to be tampered with or destroyed; through the network application can intuitively display electronic the other data need to freeze the situation. At the same time, the requirements of electronic data shall be made to freeze, freeze the notice, indicating the network application account frozen electronic data and other information sent to the electronic data holders, Internet service providers or relevant departments to assist. Fly相关的主题文章: