数字影像证据真实性、原始性和完整性辨析

Authenticity, Originality and Integrity of the Digital Video/Image Evidence

影像证据是刑事诉讼法规定的八类证据之一——视听资料证据的一部分。当前影像证据的应用需求日趋增加,但影像证据的一些属性尤其是真实性、原始性和完整性的含义却易引起误解甚至误导,故需要做出仔细辨析。本文就数字影像证据的真实性、原始性和完整性问题进行讨论。结合相关法律规定和技术方法以及证据的基本属性(合法性、真实性和关联性),可发现在实际应用过程中,数字影像证据,其真实性含义能较易确定,而在真实性基础上的原始性,因具更高要求,故难以给出合理定义及从技术上检验。本文提出完整性既是影像证据的重要属性,也是支撑证据关联性的重要部分。

Digital video/image evidence is at present being increasingly more demanded in the practice as a part of the audio-visual material evidence that is one of the eight-category legal evidence stipulated in Criminal Procedure Law of China.However,because of the random collection in crime scenes,the digital video/image evidence is liable to misunderstand or mislead its authenticity,originality and integrity,bringing confusion in the actual use.Thus,the real meaning and applicable inspecting methods are usually required to recognize into the assigned digital video/image material.This paper discussed the authenticity,originality and integrity of the digital video/image evidence.To illustrate clearly,some legal terms and technic methods were referenced based on the legal evidence's fundamental properties of legality,authenticity and relevance so that the authenticity is found to be comparatively easy to define and reveal its meaning.Nevertheless,the originality is difficult to give an appropriate definition due to its higher strictness than the authenticity.Here,the integrity is put forward as an important property of the digital video/image evidence because it can offer key supports to the evidential relevance.