How to identify fictional facts and conceal the truth

The identification of fictional facts that conceal the truth is as follows: Those who cause serious damage by prosecuting some fictional facts also belong to false litigation. According to the provisions of China's criminal law, whoever fabricates facts to file a civil lawsuit, impairs the judicial order or seriously infringes upon the legitimate rights and interests of others, 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. False litigation, one of Article 307 of the Criminal Law, who fabricates facts to file a civil lawsuit, impairs judicial order or seriously infringes upon the legitimate rights and interests of others, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall 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.

Elements of fraud:

1, object elements, the object of fraud is the ownership of public and private property. The object of the crime of fraud is limited to the property of the state, the collective or the individual, and no other illegal interests may be defrauded. Some criminal activities, although they also use some deception and even pursue some illegal economic interests, are not or are not limited to the ownership of public and private property. So it does not constitute fraud. For example, abducting and selling women and children is a crime of violating personal rights;

2, objective elements, the crime of fraud is objectively manifested in the use of fraud, defrauding a large amount of public and private property;

3. Subject elements: the subject of the crime of fraud is a general subject, and any natural person who reaches the legal age of criminal responsibility and has criminal responsibility ability can constitute the crime of fraud;

4. Subjective elements: The crime of fraud is subjectively direct and intentional, with the purpose of illegally occupying public and private property. Under different criminal circumstances, the punishment for criminals of fraud is different, that is to say, the specific imprisonment time of criminals is different. The highest time is life imprisonment.

Fictitious facts in the crime of fraud refer to defrauding others of money by concealing the truth, setting traps with false guarantees, and fictional contract subjects. It is the most common means of deception, forging and fabricating bills, defrauding property with false certificates, signing false contracts in the name of others, and signing false contracts with people by using revoked units.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 53 of the Criminal Procedure Law of People's Republic of China (PRC)

The approval of arrest, the indictment of the public security organ and the people's procuratorate and the judgment of the people's court must be faithful to the facts. Anyone who intentionally conceals the truth shall be investigated for responsibility.