It is impressive how the use of new technologies has managed to help reveal the truth in many cases, however, for this to be valid, it has to have some specific characteristics, which makes us wonder if Las Conversaciones Del WhatsApp Are they valid as evidence in the trials?
WhatsApp It is one of the largest instant messaging applications and care if not the most used worldwide. Therefore, the possibility of having some content relevant to a case is high, but whether or not it serves as evidence?
This is a pretty good question and one that we will be clarifying in this article.
What conditions must an electronic means of evidence have to be accepted?
In order to understand if The Conversations of the WhatsApp Are They Valid As Evidence In Trials? We have to go to the law, Article 299.2 of the Civil Procedure Law that tells us that:
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Any type of multimedia medium, be it photos, videos or even audios, is accepted as evidence in front of the jury. Likewise, any equipment that allows the storage of information can be used as a probative measure of any fact within the case.
Now, knowing this, we must tell you that this goes hand in hand with a series of requirements, which are:
- There is the right to privacy and the secrecy of conversations, which must be respected at all times, therefore, if said content is obtained in violation of these rights, it cannot be taken as evidence in front of the jury.
- The evidence must go hand in hand with the chain of custody, which guarantees the authenticity of the evidence. If the content we want to use has not been there, it loses credibility and therefore cannot be used as evidence.
Is there a good chain of custody in WhatsApp?
How many of us have not modified a conversation? How many of us have not deleted a message? Starting from here is the problem that this application has as a means of testing. The chain of custody on this app is really manageable by anyone, which makes it difficult to use this in front of a jury.
Apart from this, the storage of these messages is not in a middle point or server, but will only be between the sender and the receiver. These 2 figures have the possibility of modifying the conversation, so their use is very unlikely.
Now, what if it's a screenshot in the app? If we go to logic, we can say that a capture is not modifiable, but the reality is that, if it is, it is just a little more complicated to do so.
Likewise, the courts do not take this as an evidentiary document, it can only be added as a support for what was said. It is also important to note that anyone can create a false conversation, since they are mostly anonymous.
Therefore, for it to be used, an expert test is needed, which guarantees the veracity of said conversation.
What is the most common to guarantee the veracity of the conversation?
On many occasions the truth is found in the conversations, therefore, it is sought to call the Collation of the messages, in which the lawyer of the Administration of Justice will be carrying out the drawing up of a record, which will be written in a Specifies the content of the conversation.
This act must be carried out with both parties to the conversation, sender and receiver. This should be done as a first resort, to avoid any manipulation of the content of the conversation.
As we can see, due to the ease of modifying the conversations, the possibility that it can be used as a test is really low. And it makes perfect sense because each party will make the modification at their convenience within their case.
However, every day they seek to be able to use this as a means of proof, and many have allowed it, but with a really complete expert report and with all the caution that the case deserves and the possibility of a sentence for that test.