Legal basis: Article 305 of the Criminal Law of People's Republic of China (PRC). In criminal proceedings, witnesses, expert witnesses, recorders and translators who intentionally make false proofs, expert witnesses, 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.
Extended data:
False litigation crime refers to the act that a natural person or unit files a civil lawsuit with fabricated facts, which hinders the judicial order or seriously infringes upon the legitimate rights and interests of others.
Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases in false litigation [the Supreme People's Court, the Supreme People's Procuratorate] [Law Interpretation [20 18]No. 17] [2018.09.26] [2018.
In order to punish false litigation's criminal activities according to law, maintain judicial order and protect the legitimate rights and interests of citizens, legal persons and other organizations, according to the Criminal Law of People's Republic of China (PRC), the Criminal Procedure Law of People's Republic of China (PRC) and the Civil Procedure Law of People's Republic of China (PRC), some issues concerning the application of law in handling such criminal cases are explained as follows:
Article 1 Whoever, by means of forging evidence or false statements, commits one of the following acts, fabricates a civil legal relationship or a civil dispute and brings a civil lawsuit to the people's court shall be deemed as "bringing a civil lawsuit with fabricated facts" as stipulated in the first paragraph of Article 307-1 of the Criminal Law:
(1) Malicious collusion with one of the spouses to fabricate the same debts of the husband and wife;
(2) Malicious collusion with others, fabricating the relationship between creditor's rights and debts and an agreement to pay debts in kind;
(3) Malicious collusion with the legal representative, directors, supervisors, managers or other management personnel of the company or enterprise to fabricate the debts or guarantee obligations of the company or enterprise;
(four) fabricating intellectual property infringement or unfair competition;
(5) Declaring fictitious creditor's rights during the trial of bankruptcy cases;
(6) Malicious collusion with the person subjected to execution, forging creditor's rights or rights of priority or security, and sealing up, distraining or freezing property;
(seven) other acts of colluding with others unilaterally or maliciously to fabricate civil legal relations such as identity, contract, infringement and inheritance.
Whoever conceals the fact that the debt has been fully paid off and brings a civil lawsuit to the people's court to demand others to perform the debt shall be deemed as "bringing a civil lawsuit with fabricated facts".
Applying to the people's court for enforcement of an arbitral award or notarization of creditor's rights documents with fabricated facts, or objecting to the subject matter of execution with fabricated facts in the process of civil enforcement, and applying for participation in the implementation of property distribution belong to "bringing a civil lawsuit with fabricated facts" as stipulated in the first paragraph of Article 307-1 of the Criminal Law.
Article 2 If a civil lawsuit is filed with fabricated facts, it shall be deemed as "obstructing the judicial order or seriously infringing upon the legitimate rights and interests of others" as stipulated in the first paragraph of Article 307-1 of the Criminal Law in any of the following circumstances:
(1) Causing the people's court to take property preservation or behavior preservation measures with fabricated facts;
(2) Causing the people's court to hold a trial and interfering with normal trial activities;
(3) Causing the people's court to make a judgment document, formulate a property distribution plan or apply for enforcement of an arbitration award or notarize a creditor's rights document with fabricated facts;
(four) repeatedly filed a civil lawsuit with fabricated facts;
(5) Being subjected to compulsory measures in civil proceedings or criminal investigation for filing a civil lawsuit with fabricated facts;
(six) other circumstances that hinder the judicial order or seriously infringe upon the legitimate rights and interests of others.
Article 3 If a civil lawsuit is filed by fabricating facts in any of the following circumstances, it shall be deemed as "serious circumstances" as stipulated in the first paragraph of Article 307-1 of the Criminal Law:
(a) the interpretation of the first paragraph of article second, causing economic losses of more than one million yuan to others;
(2) Being under any of the circumstances in Item 2 to Item 4 of Article 2 of this Interpretation, which seriously interferes with normal judicial activities or seriously damages judicial credibility;
(3) Causing the obligor to automatically perform the obligation of property payment determined in the effective judgment document or the people's court to enforce the property rights and interests, and the amount is more than one million yuan;
(four) the creditor's rights of others can not be realized, and the amount reaches more than one million yuan;
(five) illegal possession of other people's property, the amount reached more than one hundred thousand yuan;
(6) Failure to execute a judgment or ruling made by a people's court based on fabricated facts, resulting in criminal detention, arrest or investigation of others;
(7) Other serious circumstances.