1. How to punish those who commit the crime of false accusation and frame-up
1. Punishment for those who commit the crime of false accusation and frame-up: 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 crime of false accusation and frame-up refers to the act of fabricating facts and making false accusations and frame-ups with the intention of framing others and subjecting them to criminal prosecution.
2. Legal basis:
Article 243 of the "Criminal Law of the People's Republic of China" stipulates that anyone who fabricates facts to frame others with the intention of subjecting others to criminal prosecution shall be sentenced to three years' imprisonment. to fixed-term imprisonment of not more than three years, criminal detention or surveillance; if serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Any staff member of a state agency who commits the crime in the preceding paragraph shall be severely punished. There is no intention to make false accusations and frame-ups, but if false accusations and frame-ups are made or the reports are false, the provisions of the first two paragraphs shall not apply.
2. What to do if you are falsely accused and framed
1. There must be fabricated criminal facts. Fabricating criminal facts is a prerequisite for criminal investigation. Whether the fabricated criminal facts are credible and whether there is fabricated evidence does not affect the establishment of this crime.
2. The behavior must be reported to state agencies or relevant units. "Fabricating criminal facts" and "reporting to state agencies or relevant units" are two objective and necessary elements for constituting the crime of false accusation and frame-up, and both are indispensable. Reporting can take many forms, including submitting reporting materials or reporting in person to relevant departments; reporting to public security organs or judicial organs, or reporting to other relevant units or relevant responsible persons.
3. If the perpetrator falsely reports in the name of another person, it is essentially a special form of reporting, and the purpose is still to falsely accuse others and make the judicial organs believe that the other person has been wrongly criminally prosecuted. Of course, it should be He shall be held criminally responsible for this crime. This crime is a behavioral crime. As long as the perpetrator has the purpose of falsely accusing and framing others, fabricating criminal facts and making reports, it is an attempted crime of false accusation and frame-up.
I hope the above content will be helpful to you. If you have any other questions, please consult a professional lawyer.
Legal basis: According to the "Criminal Law of the People's Republic of China"
Article 243 of the crime of false accusation and frame-up
Fabrication of facts and false accusation and frame-up Others, with the intention of subjecting others to criminal prosecution, and if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance; if the consequences are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years. Any staff member of a state agency who commits the crime in the preceding paragraph shall be severely punished. The provisions of the first two paragraphs do not apply to cases where the accusation is not intentional and false, but is false or false.