Is it legal to RECORD a Conversation With the Intent of Presenting it as an Evidence in a Law Court Without Consent ??
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How tenable is tending , as an evidence in court what was recorded without express permission from the second party ??
Would such an evidence be useful in prosecuting an accused ??
How would a defence attorney controvert such an evidence to the advantage of an accused ??
Depends on the country. In Poland it could be used as long as presented unchanged, with the tool used to record attached.
Good to know that it could be used in Poland .
Thanks!
This is all dependent on the legal system... In a country like mine, as long as you lay necesary legal foundations before tendering such evidence then it suffices in the eye of the law.
Thanks @cinnymartins for your clarification as it pertains your nation.
But can the recording be tendered IF it was recorded without the knowledge and express permission from characters recorded ???
Yes, consent irrespective it can be tendered and admissible
Hi @whyaskwhy,
This question seems to have a fixed answer in the law books. Why do you think it is an open-ended question?
Thanks so much @ask.steem for your appropriate query on the post !
But permit me to state these fundamentals.
I am not a certified legal person , so I may not know the nitty gritty of what the law books states in reference to the post .
If there are RIGID specifications in law books , there wouldn't be the use prosecution and defence attorneys disputing same in the courts of law .They do because the specifics are subject to diverse interpretations , depending on perspectives !
Some folks speaks out of fun , knowing that no implication is in the horizon. This is why Law enforcement Offices , during arrests usually tells the accused of the implication of their utterances as it can be used against them. Hence they are requested to remain mute if they so desire until necessary in the courts .
I therefore submit that my post may not be open ended to some , but it may be so to few !
Thanks very much for your good interest in my posts .
Bests Regards !