What is the penalty for the crime of false litigation and how is the crime of false litigation punis

Article 307 of the Criminal Law of the People's Republic of China stipulates that whoever initiates a civil lawsuit on the basis of fabricated facts, obstructs judicial order or seriously infringes upon the lawful rights and interests of others, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

Where there is conduct in the first paragraph, illegally taking possession of other people's property or evading lawful debts, and another crime is constituted, it is to be convicted and given a heavier punishment in accordance with the provisions for the heavier punishment.

Where judicial personnel abuse their authority to jointly carry out the conduct in the preceding three paragraphs with others, they are to be given a heavier punishment; where other crimes are constituted at the same time, follow the provisions for the heavier punishment at conviction and give a heavier punishment.

The crime of false prosecution is one of the new offences added by the Ninth Amendment to the Criminal Code. Where a civil lawsuit is initiated on the basis of fabricated facts, obstructing judicial order or seriously infringing upon the lawful rights and interests of others, it is the crime of false litigation. How to understand fabricated facts?

The so-called fabrication of facts refers to the fact that the perpetrator fabricates or fabricates that does not exist at all and is contrary to the real situation, and can be either completely fabricated and has no real elements, or it can be partially true and partially fabricated. Pay attention to distinguishing the following situations: (1) The boundary between crime and non-crime The perpetrator subjectively has no specific subjective purpose, regardless of whether he or she seeks benefits, and whether the benefits sought are legitimate or illegitimate interests, can constitute this crime.

If the actor falsely transfers the creditor's rights to another person in order to get the loan back, but is embarrassed to speak out because of his face, the other person files a lawsuit to recover the loan. In this case, it is also in line with the objective harm provided for in this crime. (2) The boundary between this crime and the other crime, for example, the boundary between the crime of false litigation and the crime of fraud, embezzlement, perjury, obstruction of testimony, and other crimes.

3) In the practice of the number of crimes in this crime, there may be conduct in which the perpetrator fabricates facts, initiates a civil lawsuit, obtains a favorable civil judgment, and seriously obstructs judicial order for the purpose of illegally taking possession of other people's property or evading lawful debts. According to the provisions of the Criminal Law, it may not only meet the crime of false civil litigation, but also meet the criminal composition of other crimes such as fraud and embezzlement.

Legal analysis: initiating a civil lawsuit based on fabricated facts, obstructing judicial order or seriously infringing upon the lawful rights and interests of others; A sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Legal basis: Criminal Law of the People's Republic of China

Article 307: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.

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

Article 307-1:Where a civil lawsuit is initiated on the basis of fabricated facts, obstructing judicial order or seriously infringing upon the lawful rights and interests of others, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Where a unit commits the crime in the preceding paragraph, the unit shall be fined, and the directly responsible branch and split sail supervisors and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

Where there is conduct in the first paragraph, illegally taking possession of other people's property or evading lawful debts, and another crime is constituted, it is to be convicted and given a heavier punishment in accordance with the provisions of the heavier punishment.

Where judicial personnel abuse their authority to jointly carry out the conduct in the preceding three paragraphs with others, they are to be given a heavier punishment; where other crimes are constituted at the same time, it is to be convicted and given a heavier punishment in accordance with the rules for the heavier punishment.

where this crime is committed, the sentence is up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

Where there is conduct in the first paragraph, illegally taking possession of other people's property or evading lawful debts, and another crime is constituted, it is to be convicted and given a heavier punishment in accordance with the provisions for the heavier punishment.

Where judicial personnel abuse their authority to jointly carry out the conduct in the preceding three paragraphs with others, they are to be given a heavier punishment; Where other crimes are constituted at the same time, the crime of suppressing potatoes is to be given a heavier punishment in accordance with the provisions on the heavier punishment.