Legal analysis
The crime of false accusation and frame-up refers to a serious act of fabricating criminal facts and making false reports with the intention of making others be investigated for criminal responsibility. "fabrication" refers to fabricating criminal facts out of nothing in order to make the falsely accused person be wrongly investigated, prosecuted and tried. "False report" means that the perpetrator reports fabricated criminal facts to the relevant units. There are various forms of reporting, which can be written or oral; You can sign it or be anonymous. Subjectively, the crime of false accusation and frame-up must be intentional, with the purpose of framing others with the intention of making them subject to criminal investigation, so its behavior not only violates the legitimate rights of citizens, but also violates the normal activities of judicial organs. The constitutive elements of the crime of framing are as follows:
The form of responsibility is intentional, requiring the actor to know that what he reported is indeed a false criminal fact. When the perpetrator estimates that someone has committed a criminal act and realizes that the reported criminal facts are only possible, it is not considered as this crime. Because there is no punishment for the crime of negligent false accusation, false accusation and accusation do not constitute a crime.
Must have the purpose of making others subject to criminal investigation (intentionally); However, it is not required to regard this purpose as the sole purpose or main purpose of his behavior, as long as the actor has this purpose. "Intention to subject others to criminal investigation" is different from intention to subject others to criminal punishment. Although the actor knows that his false accusation can't make others suffer criminal punishment, he knows that his actions will make others detained and arrested. , with the intention of making others a criminal suspect and being put on file for investigation, it should also be considered as "with the intention of making others suffer criminal investigation". If there is no intentional frame-up, but false accusation or frame-up, the provisions of the preceding two paragraphs shall not apply.
legal ground
Article 243rd of the Criminal Law of People's Republic of China (PRC) fabricates facts, falsely accuses and frames others, with the intention of subjecting others to criminal investigation. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. State functionaries who commit the crimes mentioned in the preceding paragraph shall be given a heavier punishment. If there is no intentional frame-up, but false accusation or frame-up, the provisions of the preceding two paragraphs shall not apply.