What is the jurisdiction of perjury?
The key link that will have a key impact on the trial in litigation is the presentation of evidence. Strong evidence will make the whole trial direction deviate, so in fact, many people will choose to make untrue evidence in order to make the judgment beneficial to them, which constitutes the crime of perjury. Let's look at the jurisdiction of perjury. First, what is the jurisdiction of perjury? Article 42 of the new Criminal Procedure Law stipulates that "a defender or any other person shall not help a criminal suspect or defendant to conceal, destroy, forge evidence or collude in confession, and shall not threaten or induce witnesses to commit perjury or engage in other acts that hinder judicial proceedings. Anyone who violates the provisions of the preceding paragraph shall be investigated for legal responsibility according to law. If a defender is suspected of committing a crime, it shall be handled by an investigation organ other than the investigation organ where the defender undertakes the case. If the defender is a lawyer, he shall promptly notify the law firm where he belongs or the lawyers association to which he belongs. " This revision adds the provision that "no one other than defenders may interfere in the litigation activities of judicial organs" and expands the scope of prohibited subjects. This revision also increases the investigation jurisdiction of defenders suspected of committing crimes, that is, "it should be handled by investigation organs other than those handling cases undertaken by defenders." If the defender is a lawyer, he shall promptly notify the law firm where he belongs or the lawyers association to which he belongs. "The reason for adding this article. If a defender is suspected of committing a crime and needs to be investigated for criminal responsibility, an investigation organ other than the investigation organ where the defender undertakes the case shall file a case for investigation. The purpose of this increase is to prevent the case-handling organs from retaliating against defenders, to safeguard China's defense system, and to help handle cases fairly. In judicial practice, it is obviously not conducive to the protection of lawyers' legitimate rights and interests that individual defenders are placed on file for investigation by the investigation organ that undertakes the case for suspected perjury. "If a defender is a lawyer, he shall promptly notify his law firm or its affiliated bar association", the main purpose of which is to facilitate the law firm or its affiliated bar association to grasp the situation at the first time, so as to provide legal assistance to lawyers in time and safeguard their legitimate rights and interests; At the same time, it is also in order not to affect the legitimate rights and interests of the parties to the case represented by lawyers. Put forward clear requirements for public security organs. The public security organ shall investigate the criminal responsibility of the defender for perjury and shall abide by the provisions on jurisdiction. The investigation organ of the case undertaken by the defender should avoid it and cannot handle it, otherwise it is a serious procedural violation. To sum up, perjury is another new crime on the basis of the original case. At this time, it is necessary for the new case to be under the jurisdiction of the new organ, so as not to affect the previous trial activities, and the correct organ jurisdiction can make the crime be criminally investigated.