What will the court do if it finds that the lawyer has perjured himself?
The sentencing standard of the crime of obstructing testimony is as follows: 1. The crime of obstructing testimony refers to the act of preventing witnesses from testifying or instructing others to commit perjury by means of violence, threats, bribery, etc. Two. Elements (I) Object Elements The object of this crime is the normal litigation activities of the state judicial organs and the right of citizens to testify according to law. Using violence or threats to prevent witnesses from testifying also violates citizens' personal rights and is a complex object. Witness testimony is the most commonly used evidence, which is of extraordinary significance and function for judicial organs to find out the facts of cases in time and apply the law correctly. It is the legal obligation of witnesses to testify according to law. Since the law stipulates that witnesses have the obligation to testify, they should be provided with corresponding rights according to law. One of them is that witnesses should enjoy the environment and conditions for giving testimony smoothly and in time according to law, that is, witnesses have the right to testify without illegal interference from outside, the right to be inviolable and the right to give testimony freely according to law. In this regard, China's relevant laws have also made provisions. For example, Article 43 of China's Criminal Procedure Law stipulates that "... all citizens who are related to the case or know the circumstances of the case must have the conditions to provide evidence objectively and fully ..." Article 70 of China's Civil Procedure Law stipulates that "... the person in charge of the relevant unit shall support witnesses to testify". In order to safeguard the dignity of Shanghai law, protect the interests of the state and people, ensure the litigation activities and order of the judicial organs, and ensure the smooth progress of economic construction, (2) objective elements This crime is objectively manifested as the obstruction of testimony by the perpetrator by means of violence, threats, bribery, etc.; (III) Subject Elements The subject of this crime is a general subject, and any natural person who has reached the age of 16 and has the ability of criminal responsibility can become the subject of this crime. Judicial personnel who commit this crime shall be given a heavier punishment. (IV) Subjective elements This crime is subjective and intentional, that is, the actor insists on the behavior of obstructing the witness's testimony knowing that his behavior will hinder the normal litigation activities of the state judicial organs and the witness rights or personal rights of others. He hopes that this kind of social harm will happen, and the actors are often motivated by personal interests or the interests of others. Punishment for the crime of obstructing testimony: Article 307, paragraphs 1 and 3, which prevent witnesses from testifying or instruct others to commit perjury by means of violence, threats or bribery, 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. Any judicial officer who commits the crimes mentioned in the preceding two paragraphs shall be given a heavier punishment. According to the provisions of the Criminal Law, if a crime is constituted, the person in charge and other persons who are directly responsible for it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or only be fined not less than 20,000 yuan but not more than 200,000 yuan.