Can the stolen recording be used as evidence?

First, can the stolen recording be used as evidence?

1. The stolen recording can be used as evidence. Recorded materials belong to electronic evidence and audio-visual materials, which are a form of evidence, and litigants have the right to submit them to the court as evidence. Stealing recorded evidence can be used as evidence, but it needs to have the "three characteristics" of evidence to have probative force. The use of recorded evidence by the holder who violates the privacy of others or the prohibition of laws, such as recording the privacy of others or eavesdropping on the recorded materials obtained at his work or residence, will still be excluded.

2. Legal basis: Article 50 of the Criminal Procedure Law of People's Republic of China (PRC)

Evidence that can be used to prove the facts of a case and its types of materials are all evidence.

Evidence includes:

(1) Physical evidence;

(2) Documentary evidence;

(3) Testimony of witnesses;

(4) the victim's statement;

(5) confessions and excuses of criminal suspects and defendants;

(6) Appraisal opinions;

(7) Records of inquests, inspections, appraisals, investigations and experiments;

(8) Audio-visual materials and electronic data.

The evidence must be verified before it can be used as the basis for finalizing the case.

Article 51

Burden of Proof The burden of proof of the defendant's guilt in a public prosecution case is borne by the people's procuratorate, and the burden of proof of the defendant's guilt in a private prosecution case is borne by the private prosecutor.

Second, what are the necessary conditions to constitute evidence?

1. The objective authenticity of evidence, as the factual material of civil evidence, must exist objectively;

2. Relevance of evidence, objective connection between civil evidence and facts to be proved.