1. According to the relevant laws of our country, those who maliciously slander or frame others do not constitute a crime shall be given administrative penalties for public security; If a crime is constituted, criminal responsibility shall be investigated according to law.
2. Legal provisions: People's Republic of China (PRC) Public Security Administration Punishment Law.
Article 42? One of the following acts shall be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:
(1) writing threatening letters or threatening the personal safety of others by other means;
(2) publicly insulting others or fabricating facts to slander others;
(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment;
(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;
(5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others;
(six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.
Criminal law of the people's Republic of China
Article 246? Insulting or slandering others openly by violence or other means or fabricating facts to slander others. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
The crimes mentioned in the preceding paragraph shall be dealt with only if they are told, except those that seriously endanger social order and national interests.
If the victim informs the people's court of the acts specified in the first paragraph through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ to provide assistance.
Second, whether the defendant can counterclaim the other party's false accusation depends on the situation.
In practice, there are usually two situations when someone goes to court to sue for libel: one is that there are related facts suspected of libel, and the other is that the other party fabricates facts and falsely accuses and frames them. At this point, whether the defendant can counterclaim the other party (plaintiff) for false accusation depends on the situation.
1. There are indeed relevant facts about the crime of libel.
In real life, people who are sued for libel by the court are often accused of making some behaviors or remarks suspected of libel in their lives or on the Internet. At this time, there are two situations:
(1) If the defendant does have the fact of libel, and the other party has sufficient evidence to prove that the defendant has libel, then the court will convict the defendant of libel and there will be no counterclaim. If the defendant refuses to accept the court decision, he should also collect evidence and let the lawyer appeal to the higher court.
(2) If the defendant has some behaviors or remarks suspected of libel, but they are not enough to constitute libel or the evidence is insufficient, the court will acquit the defendant. So this is that the defendant can't file a counterclaim, or even if he files a counterclaim, he can only ask the other party to bear the corresponding civil liability.
2. The other party fabricated facts, falsely accused and framed.
If the other party's accusation has no factual basis, it is a false accusation and an attempt to frame others, the defendant may report the case to the public security organ, investigate his criminal responsibility for the crime of false accusation and frame-up, or file a counterclaim with the court. However, it is not intentional false accusation or frame-up or insufficient evidence, which does not constitute the crime of false accusation or frame-up.
Because the so-called crime of false accusation and frame-up refers to the act of fabricating criminal facts and making false reports with the intention of making others subject to criminal investigation, and the circumstances are serious. If the other party doesn't mean it, it doesn't constitute the crime of false accusation and frame-up.