Details of Article 306 of the Criminal Law

Article 306 of the Criminal Law of People's Republic of China (PRC) * * * In criminal proceedings, defenders and agents ad litem who destroy or falsify evidence, help the parties to destroy or falsify evidence, threaten or induce witnesses to change their testimony about facts or commit perjury shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Witness testimony or other evidence provided, presented or quoted by defenders or agents ad litem is inaccurate, not intentionally forged, and does not belong to forged evidence.

Extended data

Crime of forging evidence

The crime of helping to destroy or falsify evidence refers to the serious act of instructing or assisting the parties to conceal, destroy or falsify evidence in litigation activities. The object of the crime of forging evidence is the normal activities of judicial organs, and the object is the parties.

The crime of forging evidence is objectively manifested as helping the parties to destroy and forge evidence. The subject of the crime of forging evidence is the general subject, that is, only a natural person with criminal responsibility at the age of 16 can constitute the crime of forging evidence.

Article 307 of the Criminal Law of People's Republic of China (PRC) shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if a witness is prevented from testifying or instructed to commit perjury by means of violence, threats or bribery; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Whoever helps a party destroy or forge evidence, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Any judicial officer who commits the crimes mentioned in the preceding two paragraphs shall be given a heavier punishment.

China People's Congress Network-People's Republic of China (PRC) and China Criminal Law