Is messenger correspondence evidence in a criminal case?

Telegram, Viber, WhatsApp – for years these applications have been the main channel of business and personal communication. When criminal proceedings arise, so does the question: will your chats become evidence in court? Attorney Vitalii Petryk explains when messenger correspondence is admissible evidence and how to protect your rights.

Key points

• Messenger correspondence can be evidence in a criminal case, but only if obtained lawfully (Article 84 CPC).
• Access to correspondence without a court decision breaches the secrecy of communication (Article 31 of the Constitution of Ukraine).
• Screenshots taken by a private person carry less evidential weight than material obtained by the investigation through lawful procedures.
• Evidence gathered in breach of rights can be challenged and declared inadmissible (Article 87 CPC).
• Deleting correspondence after proceedings have started may be treated as destruction of evidence.

What is the legal status of messenger correspondence?

Messenger correspondence is a form of communication protected by law – it falls under the constitutional protection of the secrecy of correspondence and telephone conversations (Article 31 of the Constitution). This means that interference with private communication is permitted only on the basis of a court decision.

The CPC of Ukraine (Articles 84, 99) treats documents, including electronic messages, as possible evidence. The key question is not whether correspondence can be evidence, but how it was obtained.

How does the investigation gain access to messengers?

• Temporary access to items and documents (Articles 159-166 CPC): an investigating judge may authorise seizure of a phone and inspection of its contents.
• Interception of information from telecommunication networks (Articles 263-264 CPC): covert monitoring of communication in real time with court authorisation.
• Search (Articles 233-236 CPC): devices are seized during a search and their contents examined afterwards.
• International requests: to obtain data from foreign platforms (Telegram, Meta) the investigation uses mutual legal assistance mechanisms.

If correspondence was obtained outside these procedures – through unauthorised hacking or transfer by a third party without judicial authorisation – it may be declared inadmissible.

When does correspondence become evidence against you?

In practice correspondence reaches a case file in several ways: screenshots from the other party to the chat who voluntarily handed them to the investigation; a phone seized and unlocked during a search; data obtained from a platform under a court request; testimony of a witness who saw the messages.

The most common situation is an opponent or a victim providing screenshots. Here the court assesses their reliability, authenticity and completeness – a lawyer can challenge both forgery and the context in which individual messages were taken out.

Can correspondence be challenged as evidence?

Yes. The CPC (Article 87) allows evidence to be declared inadmissible if it was gathered in breach of human rights. Grounds for challenge:

• Correspondence obtained without a court decision or in breach of procedure.
• Screenshots are incomplete, edited or unverified.
• The device was examined without a specialist, in breach of procedural requirements.
• The confidentiality of lawyer-client communication was breached (Article 22 of the Law on the Bar).

What to do if correspondence features in your case

1. Do not delete the correspondence yourself: destroying evidence may be an offence under Article 396 of the Criminal Code.
2. Contact a lawyer before giving any explanations to the investigation.
3. Ask your lawyer to establish how the investigation obtained the correspondence – this determines the strategy for challenging it.
4. Do not discuss the details of the case through the same messengers.

Frequently asked questions

Can the police look at my phone without a court decision?

No. Examining a phone without a court decision is unlawful and breaches Article 31 of the Constitution. The exception is urgent cases, which require judicial approval within 24 hours.

Is a screenshot of a chat sufficient evidence in court?

A screenshot is documentary evidence (Article 99 CPC), but the court assesses it together with everything else. Without confirmation of authenticity, or with signs of editing, it has weak evidential value.

Telegram does not give data to governments – does that protect me?

Partly. Correspondence can be obtained from your device during a search or from the other participant. End-to-end encryption in Telegram exists only in secret chats; ordinary chats are stored on servers.

Is correspondence with a lawyer protected?

Yes. Communication between a client and a lawyer is covered by legal professional privilege (Article 22 of the Law on the Bar) and cannot be used as evidence.

My phone was seized during a search – what should I do?

Contact a lawyer immediately. The lawyer will check the lawfulness of the seizure and may apply for the return of the device or for restrictions on access to its contents.

Read also: Electronic evidence in criminal proceedings | A search at an IT company: rights and algorithm | Legal services

Questions about messenger correspondence as evidence in your case?

Attorney Vitalii Petryk provides legal assistance in cases involving electronic evidence, cybercrime and criminal defence.

• Phone: +38 (096) 878-07-36
• Email: info@advokat-petrik.com
• Address: Kyiv, Holosiivskyi Avenue 132, RELE Business Centre

This article is informational and is not legal advice. To assess your specific situation, contact an attorney.