Can messages and photos be used as evidence?

The messages, photographs, documents and recordings may end up in the criminal file, but they do not automatically have a certain value and do not guarantee a solution. The Criminal Procedure Code allows for entries, photographs, material means and other means of evidence that are not prohibited by law. The judicial authorities verify their relevance, legality and credibility, then evaluate them together with the rest of the evidence.

Screen captures and online conversations

A capture can guide the verification process, but the image alone may not reveal who sent the message, when it was sent, what is missing from the conversation, or whether the file was modified. As much as possible, keep the conversation in the original application, device, files, and information about the date and source of the information. Do not edit the images or delete the conversation. The lawyer may request document management, technical verifications, or other evidence for authenticity and context.

There is no rule that every seizure must be accompanied by an „official act” in order to be analyzed. The court assesses the means of proof according to the law and the entire file; in case of dispute, the authenticity and provenance may require clarification or expert analysis.

Audio recordings made by participants

The Code stipulates that recordings made by parties or other persons may constitute evidence when they concern their own conversations or communications with third parties. For other recordings, it is verified whether they are prohibited by law and how they were obtained. Recording other people’s conversations or disclosing material may raise issues regarding privacy and may have legal consequences; the analysis depends on the location, content, legitimate interest, and circumstances.

Before recording, publishing, or forwarding private conversations, seek the advice of a lawyer. Do not install surveillance devices, access accounts without permission, or attempt to obtain evidence through pressure or deceit.

Legality and the exclusion of evidence

Evidence obtained illegally cannot be used in criminal proceedings. Exclusion applies according to the conditions set out in the Code of Criminal Procedure, including the rules regarding the nullity of the act and the derived evidence; not every irregularity invoked automatically leads to the elimination of all subsequent evidence. The issue is analyzed through the appropriate procedure and in relation to the method of obtaining and the link between the evidence.

What to do if you have relevant digital materials

  • keep the originals and the device on which they are located;
  • records when, where and how you received or created the material;
  • Do not publish and do not distribute the data before you check the privacy implications;
  • show the lawyer the complete conversation, not just the favorable fragments;
  • requests technical verification when authenticity or integrity are contested.

Legislative sources

The information is general. The admissibility and usefulness of a message or recording depend on the content, origin, method of acquisition, and the specific case.