Which article of the Criminal Law is the crime of forging evidence? Article 307 of the Criminal Law: the crime of obstructing testimony, forging evidence, and helping to destroy forged evidence: by means of violence, threats, bribery, etc. Anyone who prevents witnesses from testifying or instructs others to commit perjury shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Anyone who helps a party destroy or fabricate evidence, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Judicial personnel who commit the crimes in the first two paragraphs shall be severely punished. The concept of the crime of forging evidence: The crime of aiding in the destruction and fabrication of evidence refers to the behavior of instigating and helping the parties to conceal, destroy, and forge evidence during litigation activities, with egregious circumstances. The object of the crime of forging evidence is the normal activities of judicial organs, and the target is the parties involved. The objective aspect of the crime of forging evidence is to help the parties destroy and forge evidence. The subject of the crime of forging evidence is a general subject, that is, any natural person who is over 16 years old and has the capacity for criminal responsibility can commit the crime of forging evidence. Components of the crime of forging evidence 1. Object Requirements The object of this crime is the normal activities of judicial organs, and the object is the parties concerned. If it is not to help the client, but to help others other than the client to destroy or falsify evidence, this crime cannot be constituted. The so-called parties include not only parties in criminal proceedings, such as victims, private prosecutors, criminal suspects, and defendants, but also plaintiffs and defendants in attached civil proceedings, and parties in civil proceedings, such as plaintiffs, defendants, * *** Litigation parties and third parties also include parties to administrative litigation, such as plaintiffs, defendants, etc. 2. Among the objective elements of this crime, the objective aspect is to help the party involved in destroying or fabricating evidence. The so-called help refers to preparing tools for the parties to destroy or falsify evidence, removing obstacles, making suggestions, providing conditions, support and encouragement, and strengthening the confidence to destroy or falsify evidence. It can take the form of physical and material help, as well as spiritual and psychological support. Both during and sometimes before litigation. The so-called destruction refers to the destruction and elimination of evidence, including the complete disappearance of evidence in form, such as burning, tearing, rotting, discarding, etc. It also includes retaining the form of evidence but causing it to lose or partially lose its probative power. For example, stains and scratches on the cutting board prevent the evidence from reflecting the proven facts. The so-called forgery refers to the fabrication and fabrication of evidence that does not actually exist or the tampering, distortion, processing, and arrangement of existing evidence to achieve the purpose of violating the truth. This crime is a circumstantial crime. The act of helping the parties to destroy or fabricate evidence must be serious enough to constitute this crime. Although the act of helping to destroy or falsify evidence, if the circumstances are not serious, it cannot be punished as this crime. Serious circumstances mainly refer to despicable motives: providing help multiple times; helping the parties handle major cases; causing litigation activities to be unable to proceed or suspended due to the helping behavior; causing unjust, false and wrong cases; having a bad impact; etc. Third, the subjective element of the subject of this crime is a general subject, that is, a natural person who is over 16 years old and has the capacity for criminal responsibility, and can commit this crime. Fourth, the subjective element of this crime is intentionality. That is, the perpetrator knows that the other party is a party to the case, but still resolutely carries out the act of helping to destroy forged evidence in order to achieve the purpose of helping the party. If your situation is more complex, this website also provides online lawyer consultation services, and you are welcome to seek legal consultation. Legal purpose:
Article 14 of the Criminal Law: Anyone who knowingly knows that his behavior will have consequences that will endanger society, and hopes or allows such consequences to occur, thus constituting a crime, commits an intentional crime. Anyone who intentionally commits a crime shall bear criminal responsibility. Article 307 Whoever uses violence, threats, bribery or other means to prevent witnesses from testifying or instructs others to give false testimony shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Anyone who helps a party destroy or fabricate evidence, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Judicial personnel who commit the crimes in the first two paragraphs shall be severely punished.