How to Operate WeChat Forensics for Spouse Derailment in Ningbo

Ms. Zhang found that her husband and a third party had a large number of ambiguous chat records on WeChat. She wanted to use them as evidence of divorce, but she was not sure how to fix them to be effective-just a screenshot or a screen recording? Do you want a notary? Will it be excluded because the evidence collection method is illegal? Conclusion First: WeChat chat records belong to electronic data evidence. The original carrier, complete and continuous screenshots or screen recordings should be kept. If necessary, evidence preservation should be notarized and evidence chain should be formed with other evidence. In the process of obtaining evidence, no account password shall be stolen or no record shall be tampered with or deleted, otherwise the evidence may be excluded due to legality problems. This article clearly states "what to take, how to take and how to use it after taking it.

1. Why WeChat Records Can Be Used as Evidence: Legal Basis and Evidence Attributes

article 66 of the the People's Republic of China Civil Procedure Law stipulates that evidence includes the parties' statements, documentary evidence, physical evidence, audio-visual materials, electronic data, witness testimony, expert opinions and inquest records; Article 66, paragraph 2, clarifies that electronic data is a legal type of evidence. Article 14 of the Several Provisions of the Supreme People's Court on Evidence in Civil Litigation further defines that electronic data includes information published on web pages, blogs, microblogs and other network platforms, mobile phone text messages, e-mails, instant messaging, communication groups and other network application services Communication information, as well as user registration information, identity authentication information, electronic transaction records, communication records, login logs and other information. WeChat chat records are typical instant messaging messages and are eligible for evidence. However, "can be used as evidence" and "can be accepted" are two different things: the characteristics of electronic data that are easy to be tampered with and deleted determine the court's strict examination of its authenticity, integrity and relevance. According to Ningbo Yinzhou Court's White Paper on the Trial of Marriage and Family Cases (2019-2021), WeChat and other electronic evidence in Ningbo family cases has many defects in proof and is difficult to be accepted-it is often difficult to obtain admission based on scattered screenshots and printouts. This is the practical problem to be solved in this article: how to make WeChat evidence "stand up".

Key points of 2. forensics: five-step fixed method

1. keep the original carrier: do not delete the chat records in the mobile phone, and do not uninstall WeChat, brush the machine or change the machine. The original carrier (mobile phone) is the foundation of the authenticity of electronic data. During the trial, the judge may require the court to demonstrate and check the original record. Once the original record is lost, the proof power of screenshots and printed copies will be greatly reduced.
2. Full screenshots: starting from the information page (avatar, nickname, micro signal) of the chat object to the specific chat content, continuous screenshots are taken in chronological order to cover the complete dialogue process of key time nodes. don't just cut off the fragments "beneficial to yourself"-the evidence taken out of context exposes the editing traces instead.
3. Record screen fixation: record important chat records throughout the whole process. during operation, enter wechat from the desktop of the mobile phone, click on the other party's data page, and scroll the chat records one by one. it shows the real existence and continuity of the records in one go. the proving force is better than static screenshots.
4. Notarization preservation: for key evidence, bring your mobile phone to the notary office to apply for evidence preservation notarization, and the notary will witness the evidence collection process and issue a notarial certificate; Or use trusted time stamps, block chain deposit certificates and other third-party deposit platforms to fix electronic data. Notarization is not necessary, but it is a significant increase in probative power, especially when the other party may deny the authenticity of the record.
5. Proof of identity: WeChat nickname is not equal to legal identity, it is necessary to prove that the chat object is a spouse or a third party. Can be combined with WeChat real name authentication information, mobile phone number, transfer transactions (payee account name), common photos, voice content and other cross-verification; If necessary, you can apply to the court to obtain the real name registration information of WeChat users according to law.

In the operation, fixed related evidence should be synchronized: transfer records, red envelopes, shopping orders, room opening, travel records, photos, etc. to the third party should be mutually confirmed with the chat content to form a complete evidence chain-even if a single chat record is true, it may not be enough to prove "cohabitation" or "substantial infidelity".

3. legality boundary: four red lines cannot be touched

whether the evidence is legal or not directly determines whether the evidence can be used. Article 106 of the interpretation of the Supreme People's Court on the application of the civil procedure law of the the People's Republic of China of China stipulates that evidence formed or obtained by means of seriously infringing upon the legitimate rights and interests of others, violating the prohibitive provisions of the law or seriously violating public order and good customs shall not be used as the basis for determining the facts of a case. In practice, four red lines should be kept: first, account passwords should not be stolen-cracking or embezzling spouse or third party WeChat accounts to obtain chat records is a serious infringement of the rights and interests of others, evidence will be excluded, and infringement and even criminal risks may be caused; Second, it is not allowed to tamper with editing-delete unfavorable contents and splice chat records. Once seen through, the credibility of the whole set of evidence will collapse. Third, do not invade private space-install eavesdropping and photo-stealing equipment, invade other people's houses or hotel rooms to shoot, the means of obtaining evidence itself is illegal, and the obtained evidence cannot be used; fourthly, we must not just look at the "content without asking the source"-There is a dispute in practice about the spouse's mobile phone checking and chatting with a third party within the scope of his own control (such as the discovery record of using the spouse's mobile phone under the scene of common life). The safe way is to immediately fix and notarize it by recording the screen, instead of repeatedly reading and spreading it. Privacy boundaries should also be respected when presenting evidence: other people's private information unrelated to the case should not spread and spread, and avoid changing from "victim" to "infringer".

4. common mistakes

myth 1: Forwarding screenshots of chat records is enough. Positive solution: screenshots can be forged and easily edited, and the original carrier should be kept and the screen should be recorded completely. It is difficult to prove the authenticity by forwarding screenshots alone.

Myth 2: You can delete the content that is unfavorable to you and then collect evidence. Positive solution: the edited and deleted evidence may not be adopted, and the traces of "selective evidence collection" will be exposed, which will damage the credibility of the whole set of evidence.

Myth 3: Only chat records can prove infidelity. Positive solution: chat records prove that there is "ambiguous connection". to prove legal faults such as cohabitation and bigamy, it is necessary to form a chain of evidence such as room opening records, common life evidence and transfer records. a single evidence is difficult to determine.

Myth 4: You can do anything to obtain evidence. Positive solution: illegally obtained evidence may be excluded, infringement in the process of obtaining evidence may also bring counterclaim risk, legal evidence collection is the bottom line.

The combined use of 5. evidence chains and the four types of failures

weChat evidence is often unable to fight alone. The correct usage is to "form a team" with transfer records, travel records, photos and videos, and witness testimony. It is configured in layers according to the facts to be proved: chat records plus intimate photos are used to prove ambiguous relationships; To prove economic exchanges, chat records plus transfer flow; To prove cohabitation or bigamy, chat records plus room records plus evidence of common life are used. Pay attention to the consistency of the timeline when combining-the chat content and the transfer time and travel time bite each other to form a credible and complete narrative. In practice, there are four main reasons for the failure of electronic evidence: first, the authenticity is questioned because only screenshots are submitted and there is no original carrier; Second, the record is deleted, cleaned and then restored, and the source and integrity are in doubt. Third, the nickname does not match the real identity and cannot lock the chat object. Fourth, the submission of fragments out of context was refuted by the other party with "different context before and after the text. There is no other way to avoid it: the original carrier is retained throughout the process, the complete recording screen is in place once, the identity information is cross-verified, and the submitted content keeps the dialogue context complete. Before and after the filing of the case for the preservation of important electronic evidence for notarization or the use of credible time stamps to deposit evidence, can be "evidence will not be lost" risk in advance.

6. FAQ

can WeChat records be notarized? Can they be notarized after deleting a part?

The existing records can be notarized for preservation evidence, and the process of evidence collection can be witnessed and recorded by the notary. However, the deleted content cannot be restored, and the notarization can only fix the "current state". Therefore, after discovering the record, the screen should be completely recorded and fixed at the first time, and then notarization should be considered. The order cannot be reversed.

The other party deleted the chat record, can it be restored?

Technical recovery can be attempted, but the cost is high, the success rate is uncertain, and the recovery process must ensure the integrity of the evidence chain (operated by a professional organization and issued instructions). A more realistic approach is to form the habit of keeping records at ordinary times, record and fix the screen as soon as any abnormality is found, and fix other evidence such as transfer and photos synchronously. Don't wait for the records to be deleted and then remedy them.

Can WeChat records prove "living with others?

Chat records alone are usually not enough to prove cohabitation-"cohabitation" requires continuous and stable living together, and requires supporting evidence such as residence records, water and electricity payment, joint travel, and neighbor testimony. The chat record can prove the improper relationship and the fault plot, and it is more realistic to use it as "other major faults" or factors affecting the division of property.

How much does it cost and for how long?

The fee is charged according to the local notarization fee standard, generally ranging from hundreds of yuan to thousands of yuan, depending on the workload; the processing time is usually issued within a few working days. The cost is worth it compared to the risk of evidence invalidation, especially in large disputes where the other party may deny the authenticity of the record.

Can I flip through my spouse's cell phone? Can I use the records I turned?

It is controversial to live together during the marriage and use the other party's mobile phone to check whether the records are legal: if the records do not involve violent cracking and are not spread, the records in some cases are accepted; However, those who steal passwords, unlock them unprepared and read them on a large scale may be deemed to infringe privacy. The prudent approach is to try to fix it through the voluntary presentation of the other party, joint operation of the recording screen or notarization, so as to avoid means disputes affecting the validity of the evidence.

Practical Experience of 7. Lawyers

after getting the spouse's WeChat ambiguous record, many people's first reaction is to take a screenshot, but the screenshot is not equal to valid evidence. WeChat chat records belong to electronic data, and the court values the original carrier, integrity and legality: the records are best kept on the original equipment, fixed with continuous recording screens and screenshots, notarized evidence preservation when necessary, and mutually confirmed with other evidence to form a chain. At the same time, there are two red lines that cannot be touched-they cannot be illegally obtained by stealing account passwords, etc., nor can they tamper with or delete records, otherwise the evidence may be excluded due to legality issues.

In operation, it is necessary to fix who is saying and what is said at the same time. First, confirm the corresponding relationship between the micro signal, nickname and spouse, and keep the business card, head portrait and chat content that can prove the identity together. Then use the recording screen to record the chat process continuously from beginning to end, so as to avoid being questioned and taken out of context. Don't rush to clean up or return the original equipment to the other party. Important content can be backed up to your own equipment or cloud in multiple copies. Timeline is also very important, the date of the key dialogue and the corresponding events, the evidence is not just scattered screenshots.

The legal boundary of evidence collection should be clearly thought out in advance: unauthorized intrusion into other people's space, unauthorized installation of monitoring, purchase of other people's privacy records, etc., may turn evidence into a handle, but harm themselves. It is safe to combine legally obtained chat records with other materials such as transfers, trips, calls, photos, etc. It is difficult for a single point of evidence to independently support the claim. It is also necessary to predict that the other party will delete or replace the account number, so it should be fixed in time at the beginning of the discovery. Don't wait until you are ready to prosecute. At that time, there is often no way to obtain evidence and the opportunity has been missed.

The core of WeChat forensics is six words: true, complete and legal. The truth depends on the original carrier, the integrity depends on the continuous recording screen and notarization, and the legality does not cross the red line. The evidence collection action should be quick-stop the deletion operation immediately after finding any abnormality, record the screen completely and fix the transfer, photos, itinerary and other related evidence synchronously in the first place; If necessary, apply for notarization or third-party deposit certificate; If it is really necessary to obtain the real name information of the other party, apply to the court for obtaining it according to law after providing clues. The value of evidence lies not in quantity but in the chain. Only by putting together a complete closed loop of "chat records, transfer records and other supporting evidence" can we stand firmly in the trial.