Electronic data is formed in the process of trial, stored, processed and transmitted in digital form, which can prove the facts of the case.
Electronic data includes but is not limited to the following information and electronic documents:
(1) Information published by web pages, blogs, Weibo, friends circle, post bars, network disks and other network platforms;
(2) Communication information of network application services such as short messages, e-mails, instant messaging and communication groups;
(3) User registration information, identity authentication information, electronic transaction records, communication records, login logs and other information;
(four) documents, pictures, audio and video, digital certificates, computer programs and other electronic documents.
Evidence recorded in digital form, such as witness testimony, victim statements, confessions and excuses of criminal suspects and defendants, does not belong to electronic data. If it is really necessary, the collection, extraction, retrieval and examination of relevant evidence may be carried out with reference to these Provisions.
Extended data:
Freezing electronic data should adopt one or more of the following methods:
(1) Calculate the integrity check value of electronic data;
(2) Lock the network application account;
(three) other measures to prevent the addition, deletion and modification of electronic data.
References:
China Law Popularization Network-Provisions on Several Issues Concerning Handling the Collection, Extraction, Examination and Judgment of Electronic Data in Criminal Cases