The legal provisions are as follows:
Article 243rd of the Criminal Law of People's Republic of China (PRC)
Whoever fabricates facts, falsely accuses and frames 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 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.
If false accusation and frame-up lead to others being wrongly sentenced to death, it should be punished as imaginative joinder of false accusation and frame-up and intentional homicide (indirect principal offender).
Extended data:
The general evidence of the crime of false accusation and frame-up is as follows:
1, documentary evidence, contract agreement, letters, etc. ; Secondly, physical evidence, physical evidence and documentary evidence are sometimes confused. Not all written materials are documentary evidence, including physical evidence in a narrow sense.
2, audio-visual materials, that is, some video, voice, etc. ; Witness testimony; The statements, witness testimony and statements of the parties are actually subjective, and the information provided by them must be strictly examined for authenticity; Appraisal conclusion; Interrogation record.
Of course, it doesn't mean that the evidence provided is credible, no matter what kind of evidence must be verified, it can be used as the basis for ascertaining the facts.
Baidu encyclopedia: the crime of framing