1. False accusations can be made. If there is intentional false accusation and frame-up, the evidence is sufficient, and serious harm is caused to the parties concerned, it may be classified as the crime of false accusation and frame-up. The crime of false accusation and frame-up refers to the serious act of fabricating facts and falsely accusing others with the intention of causing them to be held criminally responsible. Objectively speaking, it manifests itself as fabricating other people's criminal facts, reporting it to state agencies or relevant units, or using other methods to trigger investigation activities by judicial agencies.
2. Legal basis: Article 243 of the "Criminal Law of the People's Republic of China"
The crime of false accusation and frame-up is to fabricate facts, falsely accuse and frame others, with the intention of making them subject to criminal prosecution, the circumstances If the case is serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; if serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.
Any state functionary who commits the crime in the preceding paragraph shall be severely punished.
If there is no intentional frame-up, but false accusation or frame-up, the provisions of the first two paragraphs shall not apply.
2. How to sue the other party after being sued
1. First of all, a counterclaim in a civil lawsuit can only be filed after the defendant is sued by the plaintiff;
2. Secondly, after the other party files a lawsuit, if it files a counterclaim, the facts of the counterclaim must be consistent with the facts of the current lawsuit;
3. Thirdly, after the above conditions are met, the necessary evidence about the above situation needs to be collected, so that the counterclaim The success rate will be much higher.
4. Write a counterclaim, stating the facts, reasons and evidence of the counterclaim;
5. Submit the counterclaim together with the materials collected in the previous stage to the court where the case is being heard. According to relevant legal provisions, a counterclaim refers to a lawsuit filed by the defendant of this lawsuit against the plaintiff of this lawsuit in an ongoing lawsuit.