Is it illegal to use the recording as evidence because the sex next door is too loud?

The sound of sexual intercourse next door is too loud, and the recorded audio data can be used as evidence without violating the legitimate rights and interests of others and the prohibition of laws. According to relevant regulations, audio-visual materials and other audio-visual materials must be verified before they can be used as evidence. Only evidence obtained by infringing on the legitimate rights and interests of others or violating the prohibitive provisions of the law can not be used as the basis for determining the facts of the case.

Legal analysis

Audio and video recordings without the consent of the parties concerned, which do not infringe upon the legitimate rights and interests of others or violate the prohibitive provisions of the law, can be used as the basis for finalizing the case. In order to make the recorded evidence have legal effect, the following three conditions must be met at the same time: first, the recorded evidence produced by the parties has not been cut, edited or forged, and it is closely connected, and the content has not been tampered with, which is objective, true and coherent; Second, the acquisition of recorded evidence must comply with the law. The holder of recorded evidence uses methods that infringe on the privacy of others or violate the prohibitive provisions of the law, such as eavesdropping in his workplace or residence, which is evidence obtained in violation of the prohibitive provisions of the law and cannot be used as litigation evidence; Third, the other party did not refute or the reasons for rebuttal were not established. When the recorded evidence is used as the basis for finalizing the case, it is also necessary to examine whether there are doubts in the recorded evidence. If the other party questions the recorded data and provides sufficient evidence to refute it, then the recorded evidence will lose its probative force; If the evidence is insufficient to refute, the probative force of the recorded evidence shall be confirmed.

legal ground

People's Republic of China (PRC) Civil Procedure Law

Article 68 Evidence shall be presented in court and cross-examined by the parties. Evidence involving state secrets, commercial secrets and personal privacy shall be kept confidential. If it needs to be presented in court, it may not be presented publicly.

Article 69 The people's court shall take the legal facts and documents notarized by legal procedures as the basis for ascertaining the facts, except that there is evidence to the contrary sufficient to overturn the notarial certificate.