How is the crime of destroying evidence sentenced?

Criminal Law Article 307:Whoever uses violence, threats, bribery, or other methods to prevent witnesses from testifying or instructs others to give false testimony is 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.

Where parties are assisted in destroying or fabricating evidence, and the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given.

The act of assisting a party in destroying or fabricating evidence must reach the level of seriousness of the circumstances before this crime can be constituted. If the circumstances are serious, it mainly refers to those with despicable motives: those who have repeatedly helped; Helping parties in major cases; Where litigation activities cannot be carried out or suspended as a result of their acts of assistance; causing a wrongful conviction; Adverse impact; Wait a minute.

Judging from your account, the case of injury and death is a major case It is indeed suspected of the crime of destroying evidence Because it did not delay the public security bureau to solve the case, the consequences are not very serious And it is very likely that you will be released on bail pending trial and given a suspended sentence, and it is possible that you will not be held criminally responsible I hope you will learn a lesson Hehe.

China's current criminal law stipulates the crime of assisting in the destruction and falsification of evidence. The object of this crime is the person concerned, and it is the object of the normal activities of the judicial organs. Those who assist in the destruction or fabrication of evidence are to be sentenced to up to three years imprisonment or short-term detention with knowledge of infiltration.

Where judicial personnel commit this crime, they are to be given a heavier punishment. As for the question of how to convict the destruction of evidence, I will answer it for you in detail below.

1. How to convict the destruction of evidence

1. The destruction of evidence, where the circumstances are serious, constitutes the crime of assisting in the destruction of evidence.

2. Legal basis: Article 307 of the Criminal Law of the People's Republic of China [Crime of Obstructing Testimony] Whoever uses violence, threats, bribery, or other methods to prevent witnesses from testifying or instructs others to give false testimony shall be sentenced to up to three years imprisonment or short-term detention; where the circumstances are serious, a sentence of up to three years or seven years imprisonment is to be given.

Crime of aiding in the destruction or fabrication of evidence] Assisting parties in destroying or fabricating evidence, where the circumstances are serious, is to be sentenced to up to three years imprisonment or short-term detention.

Where judicial personnel commit the crimes in the preceding two paragraphs, they are to be given a heavier punishment.

Second, the sentencing standard for the crime of helping to destroy evidence

The sentencing standard for the crime of aiding in the destruction of evidence is completed:

1) A sentence of up to three years imprisonment or short-term detention is to be given;

2) Where judicial personnel commit crimes, they shall be given heavier punishments.

1. How to convict the destruction of evidence 1. The destruction of evidence, where the circumstances are serious, constitutes the crime of aiding in the destruction of evidence. 2. Legal basis: Article 307 of the Criminal Law of the People's Republic of China [Crime of Obstructing Testimony] Whoever uses violence, threats, bribery, or other methods to prevent witnesses from testifying or instructs others to give false testimony 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.

Crime of aiding in the destruction or fabrication of evidence] Assisting a party in destroying or fabricating evidence, and the circumstances are serious, is to be sentenced to up to three years imprisonment or short-term detention. Where judicial personnel commit the crimes in the preceding two paragraphs, they are to be given a heavier punishment. II. Sentencing Standards for the Crime of Aiding in the Destruction of Evidence The sentencing standards for the crime of aiding in the destruction of evidence are as follows:

1) A sentence of up to three years imprisonment or short-term detention is to be given; 2) Where judicial personnel commit crimes, they shall be given heavier punishments. I hope the above content can be helpful to you, if you have any other questions, you can click the button below to consult, or go to the network to consult a professional lawyer Sotan.

Article 307 of the Criminal Law of the People's Republic of China [ Crime of Obstructing Testimony ] Whoever uses violence, threats, bribery, or other methods to prevent witnesses from testifying or instructs others to give false testimony 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. [Crime of Aiding in the Destruction of Hail and Fabricating Evidence] Where a party is assisted in destroying or fabricating evidence, and the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given. Where judicial personnel commit the crimes in the preceding two paragraphs, they are to be given a heavier punishment.