What legal value do WhatsApp messages have?

Article by: Margarita Escudero | Last update: April 10, 2022
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– The content of whatsapp messages, Tuenti, etc. they can constitute evidence in favor of the person presenting them in court, provided that they are provided to the procedure by means of print files (example: the content that appears on the mobile, computer, etc. must be printed).

What legal validity does a WhatsApp have?

Oct 20 2021 4:05 a.m. The Supreme Court has ruled that WhatsApp conversations are valid as evidence in a trial, although a simple screenshot is not enough. To certify that the messages are real and not manipulated, it is necessary to carry out an expert report.

What is the probative value of WhatsApp messages in Colombia?

WhatsApp chats have as much probative value as traditional physical documents. If the messages were obtained illegally, violating the right to privacy, they are not valid.

How to certify a WhatsApp?

The extraction and certification of a WhatsApp can only be carried out by a private detective specialized in computer forensics or by a duly qualified computer expert who, using computer forensic tools, will extract said evidence from the mobile phone for later …

When are the recordings valid in a trial?

In conclusion, the recordings will be valid as evidence in a trial when the person who records and provides them has been an intervening party in the conversation and they are provided to the procedure with all the procedural guarantees that verify their authenticity, being very relevant evidence in certain procedures such as . ..

24 related questions found

Who can request a recording of a trial?

Indeed, article 147 of the Civil Procedure Law provides that “the parties may request, at their expense, a copy of the original recordings” and, in the same sense, article 187 provides that “the parties may, in any case, request at your own expense a copy of the media on which the hearing was recorded”…

How should a recording be presented as legal evidence?

The Courts admit video or voice recordings as evidence, provided that a series of requirements are met: That there is no provocation, deception or coercion by the recording subject. That the subject who records is an active part of the conversation, being a participant in it.

How to use wasap as evidence in a trial?

– The content of whatsapp messages, Tuenti, etc. they can constitute evidence in favor of the person presenting them in court, provided that they are provided to the procedure by means of print files (example: the content that appears on the mobile, computer, etc. must be printed).

What probative value do you consider should be given to the screenshots extracted from a WhatsApp?

The Constitutional Court clarified that the printed screenshots of WhatsApp have the value of circumstantial evidence.

What means of proof are data messages?

Data messages are considered admissible evidence and their probative force will be that granted by the procedural rules applicable to documents. In addition, it has been expressly established that the data messages are presumed authentic.

What is the probative value of WhatsApp messages in the labor process?

The messages and content that are transmitted through the WhatsApp messaging application are valid as evidence, so it is necessary to study it from a two-way perspective, that of the judge as director of the process and that of the parties as those who carry out the evidentiary activity.

How is circumstantial evidence assessed?

The joint assessment of the circumstantial evidence implies that the evaluation that the jurisdictional body must carry out will always be a comprehensive reading of the set of evidence presented, from which the concurrence of the requirements of coherence, correspondence and non-contradiction can be established.

What is the probative value of a document?

The probative value is a document that incorporates legal evidence within a trial or administrative process, in which the means of evidence will be established, that is, the instruments that will be used to prove the facts, in which each one will have a valorization.

What are the screenshots called?

Both screenshot and (screen) capture are preferable to the English voice screenshot to refer to an image of what the screen of a computer or mobile device shows.

How to offer a video as criminal evidence?

Similarly, the Federal Labor Law (LFT) establishes that videos can be used to prove facts as long as they are accompanied by the necessary elements for their relief and that they are not contrary to morality and law.

What type of evidence is a voice recording?

Voice recordings are lawful as judicial evidence

And it is not necessary to announce in advance the use of this type of evidence, being able to practice it in a surprising way in the act of trial.

What crime is recording a person?

However, if the conversation is recorded by a person who does not intervene, we may be committing a crime against privacy or disclosure of secrets contained in article 197.1 of the Penal Code. To record foreign conversations, judicial authorization is required.

Why can not be recorded in a trial?

Can I record audio or video during a hearing? No, because the legislation expressly prohibits it. This regulation seeks to protect the rights of victims, witnesses, and defendants, such as the right to intimacy, privacy, and the presumption of innocence.

Where to see trials in Spain?

The consultation of judicial processes can be done on the website of the Electronic Judicial Headquarters of the Ministry of Justice. Once there, in the “Procedures and Services” tab, you can directly access the information you are looking for, by clicking on the blue button “Access the Service”.

What is eFidelius?

Among the different initiatives to be carried out is the evolution of eFidelius, the recording system that allows the creation and management of audiovisual files generated in court hearings.

What is an evidentiary document and what is it for?

It is a proof of data that is presented to the public agent, the supporting documents are the following: Birth certificate, issued by the Civil Registry, consular offices of the Mexican Foreign Service or the Government of the Federal District.

What is scope and probative value?

From all of the above it follows that the probative value is a concept concerning the formal authority of the corresponding evidence, for the demonstration of facts in general, derived from its elaboration characteristics; Unlike the probative scope, which is only related to the content of the …

What is the function of supporting documents?

They are used to make digital tax receipts, tax opinions, refund requests or authorized donees.

What is circumstantial evidence examples?

Circumstantial evidence, also called indirect, circumstantial or evidence evidence; it is the proof of some facts that do not constitute the imputation, but from which the commission of a crime and the participation of the accused can be deduced, according to the rules of logic and experience.

What are the elements of circumstantial evidence?

The circumstantial evidence implies the existence of three elements i) circumstantial fact; ii) logical inference and iii) stated fact.

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