Will the plaintiff bear legal responsibility if he falsely accuses the defendant?

Whether the plaintiff will bear legal responsibility for falsely accusing the defendant mainly depends on whether it is a criminal private prosecution or a civil lawsuit. Generally speaking, in civil litigation, there is no legal liability for false accusations. If it is proven that the accusation is obviously false, it will constitute a malicious lawsuit and you will also bear corresponding legal liability. If it is a private prosecution case in criminal proceedings, it is obviously a false accusation and will generally not be accepted. If the case is accepted and filed, the defendant will not be punished.

Legal Analysis

The crime of false accusation and frame-up is to fabricate facts with the intention of subjecting others to criminal punishment, while general acts of frame-up are limited to fabricating facts about mistakes that have occurred, with the purpose of merely inflicting criminal punishment on others. Some kind of administrative disciplinary action. Therefore, one is a crime and the other is illegal. For general false accusations, administrative sanctions, disciplinary sanctions or critical education may be imposed depending on the circumstances and consequences. The crime of false accusation and frame-up refers to the serious act of fabricating facts, making false accusations and framing others, with the intention of causing them to be held criminally responsible. The objects of this crime are the personal rights of others and the normal activities of judicial organs. This kind of crime is an attempt by the perpetrator to frame innocent people under the guise of a judicial authority. This kind of crime not only violates the personal rights of citizens and damages the reputation of innocent people, but may also lead to serious consequences of wrongful arrest, wrongful conviction or even wrongful killing, cause unjust, false and wrongful convictions, interfere with the normal activities of the judicial organs, and damage the prestige of the judicial organs. . The subject of this crime is a general subject. As long as he reaches the legal age of criminal responsibility, he has the ability to be criminally responsible. However, if the subject is a staff member of a state agency, he will be severely punished. As long as the perpetrator of this crime carries out the act of falsely accusing and framing others, it constitutes a completed crime. Whether the person falsely accused is punished does not affect the conviction of this crime.

Legal Basis

Article 243 of the "Criminal Law of the People's Republic of China" Fabricates facts and makes false accusations to frame others with the intention of subjecting others to criminal prosecution. If the circumstances are serious, he 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.