Legal Q&A
Q
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As I am about to file a criminal complaint, while collecting evidence I inevitably hacked the other party's computer. Can evidence obtained by hacking another person's PC be used in court? I have heard that evidence obtained through illegal means is not legally recognized. If evidence secured through hacking cannot be used, please also explain how I can secure evidence through lawful means.
illegal evidence
inadmissible evidence
covert collection
Answer
Published:
Author : ChanWoo JEONG
I see that you collected evidence by hacking another person's computer during the process of gathering evidence.
Hacking is the act of accessing another person's computer system or extracting data through illegal means.
Most countries regard hacking as a crime, and in Korea, the Network Act and the Criminal Act strictly prohibit hacking.
Therefore, the act of collecting evidence by hacking another person's PC is itself illegal, and it may be subject to criminal punishment. Because evidence obtained through hacking is evidence collected by illegal means, it cannot be used legally.
However, in some exceptional cases, illegally obtained evidence may be admitted in court.
When, considering various circumstances, the public interest in realizing the right to punish is judged to be greater, the admissibility of the evidence may be recognized.
If you believe that the evidence obtained through hacking is relevant to the case, you should find a way to secure that evidence through a legally legitimate method.
For example, this may involve reporting to an investigative agency or securing evidence through legal procedures.
Instead of securing evidence through hacking, it is important to secure evidence related to the case in accordance with legal procedures and to obtain advice from an attorney.
Evidence obtained by hacking another person's PC is regarded as illegally collected evidence, and it is highly likely that it cannot be used in court.
If you need evidence related to the case, please consult an attorney and find a way to secure the evidence through lawful procedures.
Daeryun operates an evidence investigation group and collects evidence suitable for the client's case in accordance with lawful procedures.

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ChanWoo JEONG
T. 070-5221-2387
Extensive corporate legal litigation and advisory experience · Attorney specializing in inheritance/tax/administrative law
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