The so-called changing testimony against facts means that the witness changes and denies that he has provided the judicial organ with the testimony content that conforms to the objective situation.
The so-called provision of perjury refers to the provision of false, untrue and inconsistent testimony to judicial organs, such as threatening or inducing people who know the true situation of the case to commit perjury; Or let people who don't know the real situation of the case testify in favor of the client and the client.
Legal interpretation:
The crime of defenders and agents ad litem destroying or falsifying evidence and obstructing testimony (Article 306 of the Criminal Law) refers to the act of defenders and agents ad litem destroying or falsifying evidence, helping the parties to destroy or falsify evidence, threatening or inducing witnesses to change their testimony or committing perjury that is not conducive to the facts in criminal proceedings.
Legal basis: criminal law
Article 306 In criminal proceedings, defenders and agents ad litem who destroy or forge evidence, help the parties to destroy or forge evidence, threaten or induce witnesses to change their testimony of 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.
[Relevant laws]
Article 45 of the Criminal Procedure Law People's courts, people's procuratorates and public security organs have the right to collect and obtain evidence from relevant units and individuals. The relevant units and individuals shall truthfully provide evidence. Evidence involving state secrets shall be kept confidential.
Whoever forges, conceals or destroys evidence, and whoever the evidence belongs to, will be investigated by law.
Article 47 The testimony of witnesses must be interrogated and cross-examined by the public prosecutor, the victim, the defendant and the defender in court, and the testimony of witnesses from all parties can be used as the basis for finalizing the case. If the court finds that a witness intentionally perjures or conceals criminal evidence, it shall deal with it according to law.
Article 102 of the Civil Procedure Law: If a litigation participant or other person commits one of the following acts, the people's court may impose a fine or detention according to the seriousness of the case; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(-) Forging or destroying important evidence, which hinders the people's court from hearing a case;
Article 82 The meanings of the following terms in this Law are:
(2) "Parties" refer to victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in incidental civil actions;
(3) "Legal representative" refers to the parents, adoptive parents and guardians of the client and the representatives of the organs and organizations responsible for protection;
(4) "Participants in litigation" refers to the parties, legal representatives, agents ad litem, defenders, witnesses, expert witnesses and translators;
"Agent ad litem" refers to the victim of a public prosecution case and his legal representative or near relative, the person entrusted by the private prosecutor and his legal representative in a private prosecution case to participate in the litigation on his behalf, and the person entrusted by the party involved in an incidental civil litigation and his legal representative to participate in the litigation on his behalf;
(6) "Close relatives" refer to husbands, wives, fathers, mothers, sons, daughters, brothers and sisters.
Article 45 of the Lawyers Law If a lawyer commits one of the following acts, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke the lawyer's practice certificate; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) divulging state secrets;
(2) Offering bribes to judges, prosecutors, arbitrators and other relevant staff members, or instigating or inducing the parties to pay bribes;
(3) Providing false evidence to conceal important facts, or threatening or inducing others to provide false evidence to conceal important facts.
If a lawyer is punished for intentional crime, his lawyer's practice certificate shall be revoked.