The main role as evidence in the trial can be played by the recording made on the dictaphone. Sometimes it is the only proof for a person whose rights have been violated. Such evidence is not always considered legitimate.
Is the dictaphone recording evidence in legal proceedings?
The record can be taken as the main evidence. Practice proves that the question of the use of a dictaphone recording in court is not unambiguous. Often the court does not accept the recording due to a violation of the procedure for receiving it. The evidence is deemed unauthorized and obtained through a violation of the law.
If the recording made on the dictaphone is the only proof, then care must be taken in advance to ensure that it is accepted. To do this, you need to adhere to some rules.
Rules
To prevent the entry from being rejected, it is worth doing the following:
- in the section for special marks, an entry is made about the date, place, circumstances and equipment on which the recording was made;
- the proof should not end up in the wrong hands, therefore, on the same day it must be placed in a safe deposit box - this will ensure the receipt of a document confirming its inviolability;
- you can take it directly to the court, the main thing is not to waste time, since there are many examples when a dictaphone recording was not accepted due to its prescription;
- the protocol must contain information about the sound recording, which must be noted in the section "Explanations";
- the recording should not under any circumstances be cut or otherwise altered;
- a copy of the dictaphone recording is made without fail indicating when, where, who and with what equipment made it;
- a petition is filed with the court for interception, as well as attachment of the audio recording to the case file with the appropriate indication of the date, place, equipment and the person who made the recording in writing;
- the application indicates the medium and the number of copies;
- the record is accompanied by its transcript in the form of text, an indication is made that it was made for the purpose of self-defense under Article 12 of the Civil Code of the Russian Federation;
- in some cases, a petition should be submitted for an examination of the dictaphone recording in order to reveal traces of editing, as well as to identify the voices.
The court does not have specific rules according to which dictaphone recording can be applied. In each case, the question of attaching the recording on the dictaphone as evidence is decided by the judge individually, taking into account the circumstances of the case. For a dictaphone recording to be accepted, it only needs to be presented correctly to the attention of the judge.
