2. On June 24th, 2002, the Legal Policy Research Office of the Supreme People's Procuratorate issued the Reply on How to Apply the Law to Forge Evidence to Deceive the Court's Civil Judgment and Possession of Others' Property, which read: The Legal Policy Research Office of the Supreme People's Procuratorate forged evidence to defraud the people of the court.
An answer to the question of how to apply the law to the behavior of the referee encroaching on other people's property
Shandong Provincial People's Procuratorate Research Office:
Your request for instructions on whether the act of forging evidence to obtain other people's property can constitute a crime of fraud (Lu Jian Fa Yan Zi [2006 54 38+0]No. 1 1) has been received, and the reply is as follows:
For the purpose of illegal possession, it is mainly the normal trial activities of the people's courts that are infringed by falsifying evidence to defraud the court's civil judgment in order to possess other people's property, which can be handled by the people's courts in accordance with the relevant provisions of the Civil Procedure Law. It is not appropriate to investigate the criminal responsibility of the perpetrator for fraud. If the perpetrator forges the seal of a company, enterprise, institution or people's organization when forging evidence, which constitutes a crime, he shall be investigated for criminal responsibility for the crime of forging the seal of a company, enterprise, institution or people's organization in accordance with the provisions of the second paragraph of Article 280 of the Criminal Law; If the perpetrator instigates others to commit perjury, which constitutes a crime, he shall be investigated for criminal responsibility for the crime of obstructing testimony in accordance with the provisions of the first paragraph of Article 307 of the Criminal Law.