The victim is wrongly held criminally responsible, or the person's personal rights, democratic rights, and property rights of the framed person are seriously damaged, or the normal work of the judicial organs is particularly seriously damaged. According to the provisions of this paragraph, whoever commits the crime of false accusation and frame-up shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance; if serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.
The difference between the crime of false accusation and frame-up and the crime of defamation
The crime of false accusation and frame-up and the crime of defamation both objectively constitute the act of fabricating facts, and subjectively they both involve intentional intentionality. This is their similarity, and it is easy to confuse the crime of false accusation and defamation when dealing with them. But there is still a difference between the two. The main difference between the two lies in the nature of the fabrication of facts. The following is a detailed introduction to the difference between the two:
First, the object elements are different: the crime of false accusation and frame-up infringes on the personal rights of citizens; the crime of defamation infringes on the reputation of citizens.
2. Subjective differences: The purpose of false accusation and frame-up is to subject others to criminal prosecution; the purpose of slander is to damage the reputation of others.
Third, the objective behavior is different: the crime of false accusation and frame-up is to fabricate the facts of another person’s crime, usually reported to state agencies or relevant units; the crime of defamation is to fabricate facts that harm the reputation of others and spread them to a third party or more person without reporting to state agencies or relevant units. If the perpetrator fabricates the facts of another person's crime but does not report it but spreads it privately with the intention of harming the reputation of others, this constitutes a crime of defamation.
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Legal basis: Article 243 of the "Criminal Law of the People's Republic of China": Whoever fabricates facts to frame others with the intention of subjecting others to criminal prosecution, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or Control; if serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten 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.