The constitutive elements of the crime of false accusation and frame-up include: 1, and the subject of this crime is the general subject; 2. The subjective aspect of this crime is intentional; 3. The object of this crime is the personal rights of others and the normal activities of judicial organs; 4. Objectively, this crime is manifested in fabricating the criminal facts of others, reporting to state organs or relevant units, or taking other methods to cause the investigation activities of judicial organs. According to the provisions of Article 243rd of the Criminal Law, whoever fabricates facts and falsely accuses others with the intention of subjecting others to criminal investigation, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control; If serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. State functionaries who commit the crimes mentioned in the preceding paragraph shall be given a heavier punishment. If there is no intentional frame-up, but false accusation or frame-up, the provisions of the preceding two paragraphs shall not apply.
Legal objectivity:
Article 243 of the Criminal Law of People's Republic of China (PRC) 68 fabricates facts and falsely accuses others, with the intention of subjecting others to criminal investigation. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. State functionaries who commit the crimes mentioned in the preceding paragraph shall be given a heavier punishment. If there is no intentional frame-up, but false accusation or frame-up, the provisions of the preceding two paragraphs shall not apply.