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Rules on Obtainment of Electronic Data as Evidence by Public Security Authorities in Handling Criminal Cases (2019)

公安机关办理刑事案件电子数据取证规则

Type of laws Government policy

Issuing body Ministry of Public Security

Promulgating date Dec 13, 2018

Effective date Feb 01, 2019

Validity status Valid

Scope of application Nationwide

Topic(s) Cyber Law/Internet Law Criminal Procedure Digital Evidence

Editor(s) Yanru Chen 陈彦茹

Rules on Obtainment of Electronic Data as Evidence by Public Security Authorities in Handling Criminal Cases entered into force on 1 Feb. 2019.

There are 61 articles in total. The Rules aim to clarify how the public security authorities collect electronic data as evidence when handling criminal cases. Key points of the Rules are as follows:

  1. collection of electronic data, such as (1) impounding or placing seals on and preserving the original storage medium; (2) collecting electronic data on-site; (3) collecting electronic data online; (4) freezing electronic data; (5) requesting electronic data.

  2. examination and investigative experiments of electronic data; and

  3. entrusted inspection and appraisal of electronic data.

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