1. Who should investigate the crime of perjury?
As a criminal charge, perjury is stipulated in Article 18 1 of the Criminal Procedure Law that the investigation of criminal cases shall be conducted by public security organs, unless otherwise provided by law. In other words, unless otherwise stipulated by law, all other criminal cases shall be put on file for investigation by public security organs. According to the "Regulations" of the six organs, the crime of perjury and the crime of refusing to execute a judgment or ruling are put on file for investigation by the public security organs, and the people's courts do not directly accept them. Therefore, the crime of perjury is investigated by public security organs.
Second, the constitutive elements of perjury
Perjury refers to the behavior of witnesses, appraisers, recorders and translators who deliberately make false proofs, appraisals, records and translations of important cases, with the intention of framing others or concealing criminal evidence. It has a serious harm to the normal judicial order of the country and the personal rights of the parties, so the rulers have made strict regulations on it both at home and abroad.
The subject of perjury is a special subject, that is, only witnesses, experts, recorders and translators in criminal proceedings. The object of perjury is the personal rights of citizens and the normal activities of judicial organs, and it is a complex object. Objectively, the crime of perjury is manifested as the act of falsely proving, identifying, recording and translating information that is important to the case in criminal investigation, prosecution and trial, or the act of concealing criminal evidence. Subjectively, the crime of perjury must come from direct intention, that is, the actor knows that his false statement is a plot that has an important relationship with the case, but he commits it in order to frame others or conceal criminal evidence.
The above elements constitute perjury, and the court will punish them according to the seriousness of the case, that is, those who commit perjury will 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.