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How to deal with perjury by witnesses needs to distinguish between criminal and civil cases.
Perjury in criminal proceedings:
Article 305 of the Criminal Law: In criminal proceedings, a witness, evaluator, recorder, or translator intentionally makes false testimony, evaluation, recording, or translation of circumstances that are important to the case, with the intention of framing others or concealing criminal evidence, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Perjury in a civil action:
According to the provisions of the Civil Procedure Law and the interpretation of the Civil Procedure Law, for civil perjury, except for the testimony of witnesses who gave false testimony, the people's courts may impose fines or detention on the basis of the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Article 111 of the Civil Procedure Law stipulates that "if a litigation participant or other person commits any of the following acts, the people's court may impose a fine or detention according to the severity of the circumstances; Where a crime is constituted, criminal responsibility is pursued in accordance with law: (1) Fabricating or destroying important evidence, obstructing the people's court's trial of the case; (2) Using violence, threats, or bribery to prevent witnesses from testifying, or instigating, bribing, or coercing others to give false testimony; People's courts may fine or detain units that exhibit any of the conduct provided for in the preceding paragraph; where a crime is constituted, criminal responsibility is pursued in accordance with law. ”
Note: It is important to gather evidence of perjury by witnesses.
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There are consequences to this. Because he committed perjury, he must be held legally responsible.
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Your father was hospitalized in 2019, and the witness said that he went to visit the hospital from 2016 to 2018, and he was used as a witness, and if he investigated it carefully, he would also have to bear responsibility, so he could not give false testimony.
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Perjury is punishable by a fine at least and criminal responsibility at the worst, and after the implementation of the new rules of evidence, a pledge to truthfully state must be signed and read out in court.
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This would involve perjury and would be an offence under criminal law.
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Yes! Be held legally responsible!
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In court, both parties need to make corresponding explanations and provide evidence for their own views, this evidence is very crucial, if you say that you have committed perjury in court, is it considered a crime? Do you want to go to jail or not?
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Perjury is possible with jail time. According to article 305 of the Criminal Law, in criminal proceedings, a witness, evaluator, recorder or translator intentionally makes false testimony, appraisal, record or translation of circumstances that are important to the case, with the intention of framing others or concealing criminal evidence, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
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Perjury in court is illegal and is subject to legal responsibility.
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Perjury in court is a violation of the law and must be punished by law.
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Yes, there are consequences.
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Legal Analysis: Perjury generally constitutes a crime of obstructing the administration of justice, and where the circumstances are obviously minor and the harm is not great, the punishment for the perjudicor can be grasped lightly, and criticism and education may be conducted.
Legal basis: Criminal Law of the People's Republic of China" Article 305: In criminal proceedings, witnesses, evaluators, recorders, or translators intentionally make false testimony, evaluation, recording, or translation of Wang Jian's circumstances that are important to the case, with the intention of framing others or concealing criminal evidence, are to be sentenced to up to three years imprisonment or short-term detention; where the circumstances are serious, the sentence is between three and seven years imprisonment.
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Legal analysis: If a party commits perjury in court, it is necessary to bear the corresponding legal consequences, and criminal responsibility will be pursued if it constitutes a crime. According to article 111 of the Civil Procedure Law, where litigation participants or other persons commit any of the following acts, the people's court may impose a fine or detention on the basis of the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law.
1) Fabricating or destroying important evidence, obstructing the people's court's trial of a case;
(2) Using violence, threats, or bribery to prevent witnesses from testifying, or instigating, bribing, or coercing others to give false testimony;
3) Concealing, transferring, selling, or destroying property that has already been sealed or seized, or property that has been inventoried and ordered to be kept, or transferring property that has been frozen;
4) Insulting, defaming, framing, beating, or retaliating against judicial personnel, litigation participants, witnesses, translators, evaluators, inquest personnel, or persons assisting in enforcement;
5) Using violence, threats, or other methods to obstruct judicial personnel from performing their duties;
6) Refusal to perform on a judgment or ruling of a people's court that has already taken legal effect.
People's courts may fine or detain units that exhibit any of the conduct provided for in the preceding paragraph; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Legal basis: Article 50 of the Criminal Procedure Law of the People's Republic of China: Materials that can be used to prove the facts of a case are all evidence. Evidence includes:
1) Physical evidence; 2) documentary evidence;
3) witness testimony;
4) Victim statements;
5) Confessions and justifications of criminal suspects or defendants;
6) Appraisal opinions;
7) Records of inquests, inspections, identifications, investigative experiments, and so forth;
8) Audio-visual materials and electronic data. Evidence must be verified to be true before it can be used as the basis for a verdict.
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According to the provisions of the Criminal Procedure Law of the People's Republic of China, if a party commits perjury in court, it is necessary to bear the corresponding legal consequences, and if it constitutes a crime, criminal responsibility will be investigated.
Criminal Procedure Law of the People's Republic of China
Article 61: Witness testimony must be debated and verified by both the prosecutor, the victim, the defendant, and the defender in court before it can be used as the basis of a verdict. When the court finds that a witness intentionally gave false testimony or concealed criminal evidence, it shall handle it in accordance with law.
Article 125:When questioning witnesses, they shall be informed that they shall truthfully provide evidence and testimony and that they will bear legal responsibility for intentionally giving false testimony or concealing criminal evidence.
Article 194:When a witness testifies, the adjudicators shall inform him of the legal responsibility for truthfully providing testimony and for intentionally giving false testimony or concealing criminal evidence. With the permission of the chief judge, the public prosecutor, the parties, the defender, and the litigant may question witnesses and evaluators. When the chief judge finds that the content of the questioning is unrelated to the case, it shall be stopped.
Adjudicators may question witnesses and evaluators.
That's rightAre there any consequences for perjury in court? If you still have relevant legal questions, you can pay attention to non-litigation and private message consultation.
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Summary. If the person gives false testimony in court with the intention of causing others to be prosecuted by the law, it may constitute the crime of perjury and will be sentenced to fixed-term imprisonment or criminal detention.
If the person gives false testimony in court with the intention of causing others to be prosecuted by the law, it may constitute the crime of perjury and will be sentenced to fixed-term imprisonment or criminal detention.
Legal basis: Article 111 of the Civil Procedure Law: Where litigation participants or other persons commit any of the following acts, the people's courts may impose fines or detention on the basis of the severity of the circumstances; Where a crime is constituted, criminal responsibility is pursued in accordance with law: (1) Fabricating or destroying important evidence, obstructing the people's court's trial of the case; Article 125 of the Criminal Procedure Law provides that when questioning a witness, he shall be informed that he shall truthfully provide evidence, testimony, and that he shall bear legal responsibility for intentionally giving false testimony or concealing criminal evidence.
Article 305 of the Criminal Law: In criminal proceedings, where a witness, evaluator, recorder, or translator intentionally makes false testimony, evaluation, recording, or translation of circumstances that are important to the case, with the intention of framing others or concealing criminal evidence, he shall be sentenced to up to three years imprisonment or short-term detention; where the circumstances are serious, the sentence is between three and seven years imprisonment.
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Article 305 of the Criminal Law stipulates the crime of perjury: that is, in criminal proceedings, a witness, evaluator, recorder, or translator intentionally makes false testimony, appraisal, record, or translation of circumstances that are important to the case, with the intention of framing others or concealing criminal evidence, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the circumstances are serious, the sentence is between three and seven years imprisonment. When witnesses appear in court to testify, the court shall inform them of their legal obligation to testify honestly and their legal responsibility for perjury, that is, the court has a certain obligation to inform the witnesses who appear in court that they should testify honestly, which is an inherent requirement of the law.
Witnesses giving false testimony will not only harm the legitimate rights and interests of some parties, but also hinder the normal conduct of court trials, leading to misjudgments and misjudgments, and reducing judicial authority. Therefore, in order to urge witnesses to testify honestly, the law sets corresponding adverse consequences for perjury. Where witnesses or evaluators testify falsely, the people's courts may, in accordance with provisions, impose fines or detention on the basis of the severity of the circumstances, and where a crime is constituted, criminal responsibility shall be pursued in accordance with law.
Article 111 of the Civil Procedure Law of the People's Republic of China: Where litigation participants or other persons commit any of the following acts, the people's courts may impose fines or detention on the basis of the severity of the circumstances; Where a crime is constituted, criminal responsibility is pursued in accordance with law: (1) Fabricating or destroying important evidence, obstructing the people's court's trial of the case; (2) Using violence, threats, or bribery to prevent witnesses from testifying, or instigating, bribing, or coercing others to give false testimony; 3) Concealing, transferring, selling, or destroying property that has already been sealed or seized, or property that has been inventoried and ordered to be kept, or transferring property that has been frozen; 4) Insulting, defaming, framing, beating, or retaliating against judicial personnel, litigation participants, witnesses, translators, evaluators, inquest personnel, or persons assisting in enforcement; 5) Using violence, threats, or other methods to obstruct judicial personnel from performing their duties; 6) Refusal to perform on a judgment or ruling of a people's court that has already taken legal effect. The people's court may fine or detain a unit that commits any of the acts provided for in the preceding paragraph, the principal responsible person for the demolition of the front or the person responsible for directly transporting the royal rent; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Article 305 of the Criminal Law of the People's Republic of China: In criminal proceedings, witnesses, evaluators, recorders, or translators intentionally make false testimony, appraisals, records, or translations of circumstances that are important to the case, with the intention of framing others or concealing criminal evidence, shall be sentenced to up to three years imprisonment or short-term detention; where the circumstances are serious, the sentence is between three and seven years imprisonment.