To institute criminal proceedings against false litigation, the evidence to be provided includes material evidence, documentary evidence, witness testimony and expert opinions.
Criminal Procedure Law of the People's Republic of China
Article 50? All the materials that can be used to prove the facts of the case are evidence.
Evidence includes:
(1) Physical evidence;
(2) Documentary evidence;
(3) Testimony of witnesses;
(4) the victim's statement;
(5) confessions and excuses of criminal suspects and defendants;
(6) Appraisal opinions;
(7) Records of inquests, inspections, appraisals, investigations and experiments;
(8) Audio-visual materials and electronic data.
The evidence must be verified before it can be used as the basis for finalizing the case.
Criminal law of the people's Republic of China
Article 307? One? If false litigation files a civil lawsuit with fabricated facts, which hinders the judicial order or seriously infringes upon the legitimate rights and interests of others, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the act mentioned in the first paragraph, illegally occupies other people's property or evades legal debts, which constitutes other crimes, shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment.
Judicial personnel who use their powers to collude with others to commit the acts mentioned in the preceding three paragraphs shall be given a heavier punishment; If it constitutes other crimes at the same time, it shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment.
Second, what are the methods of collecting criminal evidence?
1, go ahead. Inquiry means that law enforcement agencies or lawyers ask the parties, witnesses or expert witnesses to state their understanding of the case. Inquiry is a measure and method of obtaining evidence that is often used in any case.
2. Interrogation. Interrogation refers to the method used by law enforcement agencies to ask violators, criminal suspects or criminal defendants to truthfully explain the case. The objects of interrogation are limited to criminals in administrative punishment cases and criminal suspects and defendants in criminal cases. The subject of interrogation is limited to law enforcement agencies, not including lawyers.
3. identify. Identification requires the victim or witness to pick out what he has seen and heard from many similar objects, places or people. The subject of identification can be the victim and witness in the case, and the object of identification can be the criminal suspect in the case or the person who has some connection with the case, or the articles or places related to the case.
4. Interrogation. An inquest refers to a special activity in which law enforcement officers come to the scene to find and extract evidence. The subject of inspection is limited to law enforcement agencies, and lawyers have no right to conduct inspections. From the perspective of collecting evidence, on the one hand, the inquest is an important way to find and extract all kinds of physical evidence, on the other hand, the inquest record itself is also one of the types of evidence.
5. check. Inspection refers to the special activities of law enforcement agencies to inspect the personnel related to the case according to law. The object of examination is the body of the living, also called physical examination. Personal inspection record is its main form of evidence.
6. search. Search refers to the special activities of law enforcement agencies to conduct compulsory search, search and extract evidence materials from places or personnel related to the case according to their functions and powers. The search object can be a place, a person, a car, a boat and other objects. Search is an important way to find and extract all kinds of physical evidence and documentary evidence, and the search record itself is one of the types of evidence.