Second, the identification of perjury
(A) the boundaries between perjury and non-crime
The cartoon of perjury is irresponsible, dereliction of duty or limited in professional level to the work of appraisers, recorders and translators, and provides incorrect appraisal, recording and translation; And people who know little about the real situation of the case, have inaccurate knowledge, or provide hearsay testimony, thus providing false proof, because they do not have the subjective intention of perjury, do not constitute perjury. Although there is perjury, the circumstances are obviously minor and the harm is not great, so it should not be considered as a crime. According to the Supreme People's Procuratorate 1 989165438+10, the Provisions on the Criteria for Filing Crimes of Infringement on Citizens' Democratic Rights, Personal Rights and Dereliction of Duty Directly Accepted by People's Procuratorates, in any of the following circumstances, criminal responsibility shall be investigated for perjury, (1) perjury is enough to make others. (2) Perjury is enough to make criminals evade criminal punishment or give a light sentence for a felony; (3) Perjury causes injustice, falsehood or misjudgment. (4) State functionaries take advantage of their positions to destroy criminal evidence or create perjury for economic criminals; (five) perjury caused others to commit suicide or mental disorders; (six) perjury caused other serious consequences.
(b) The boundary between perjury and false accusation.
Both charges have the intention of framing others. The difference between them is that (1) the subject of the former is a special subject; And the subject of the latter is the general subject. (2) The former acts during the investigation and trial; The latter's behavior was carried out before filing a case for investigation, which is the cause of case investigation. (3) The former is realized through false proof, false identification, false record and false translation; The latter is a false report. (4) The former only provides perjury in individual cases that are important to the case; The latter fabricated the whole criminal fact. (5) The former may have two purposes: framing others or shielding criminals; The purpose of the latter can only be to frame others and make innocent people suffer criminal punishment.
(3) The boundary between the crime of perjury and the crime of harboring drug criminals.
Organizers who take the civil service examination can be sentenced for perjury.
The perpetrators of these three types of crimes are very similar in making false certificates for criminals and concealing criminal evidence, all in order to cover up criminals. The main differences are as follows: (1) The main requirements are different. Perjury is a special subject; The latter two kinds of harboring crimes are general subjects. (2) The crime of perjury can only be committed in the investigation and trial stages; The latter two crimes can be committed before the criminal is arrested or detained, or after he is arrested or sentenced. (3) The content of the crime is different. The crime of perjury covers the criminal circumstances important to the case; The latter two crimes can cover all crimes or important criminal facts. (4) Occlusion of objects is different. The crime of perjury covers pending criminal suspects who have not been arrested or sentenced in investigation and trial; The latter two crimes can cover up criminal suspects who have not yet been sentenced, convicted criminals or criminals who have escaped during their sentences.
Third, the punishment of perjury.
Those who 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.
Four, the law refers to the "People's Republic of China (PRC) Criminal Law":
Article 305 Crime of perjury In criminal proceedings, witnesses, expert witnesses, recorders and translators who intentionally make false proofs, appraisals, records and translations of important cases with the intention of framing others or concealing criminal evidence 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.