Defenders and agents ad litem who commit the crime of destroying evidence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; The penalty for the crime of helping to destroy or forge evidence is: fixed-term imprisonment of not more than three years or criminal detention.
1. According to Article 306 of the Criminal Law of People's Republic of China (PRC), defenders and agents ad litem are guilty of destroying evidence, forging evidence and obstructing testimony. In criminal proceedings, defenders and agents ad litem destroy or forge evidence.
Those who help the parties to destroy or forge evidence, threaten or induce witnesses to change their testimony of facts or commit perjury 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.
Witness testimony or other evidence provided, presented or quoted by defenders or agents ad litem is inaccurate, not intentionally forged, and does not belong to forged evidence.
2. According to Article 307 of the Criminal Law of People's Republic of China (PRC), the crime of obstructing testimony; Whoever uses violence, threats or bribes to prevent witnesses from testifying or instigates witnesses to commit perjury 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. Whoever helps a party destroy or forge evidence, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Extended data:
The crime of helping to destroy or falsify evidence is established on the premise of serious circumstances. Helping to destroy or forge evidence of major cases, important evidence, multiple evidence and multiple evidence.
Those who help many parties to destroy or falsify evidence, and those who destroy or falsify evidence and cause serious consequences, can all be considered as serious. The act of helping to destroy or falsify evidence with minor circumstances should not be regarded as a crime.
This crime is a dangerous crime, which does not require the result of infringement that has hindered the objective and fair judicial activities, but only requires the real danger of obstructing the objective and fair judicial activities. Theoretically speaking, this crime may also have an attempted form.
However, due to the seriousness of this crime, if the perpetrator has begun to help destroy or forge evidence, but fails to destroy or forge evidence due to reasons other than will, it is difficult to determine that the circumstances are serious.
The objective aspect of the crime of helping to destroy or falsify evidence is to help litigants destroy or falsify evidence. What the actor must destroy or forge is the evidence of a case in which others are parties.
Destroying or falsifying the evidence of a case in which he is a party, because of the lack of expectation possibility, the criminal law does not make it a crime. In other words, what the actor destroyed or forged must be evidence about other people's litigation cases.
Related cases:
Li, 4 1 year-old, opened a grilled fish shop in Shijingshan. At 0: 00 on 20 15, waiters Li Moujia, Li Mouyi and Zhang had an argument with the customer Wang and his daughter, and the two sides beat each other.
Wang said that on the same day, he and his daughter went to a grilled fish shop for dinner. In the evening 1 1, before they finished eating, a restaurant waiter (Li Moujia) asked them to check out first, so the two sides had an argument and fought.
Wang's eardrums were perforated, which was identified as minor injuries of Grade II, and his daughter's elbow and knee soft tissue contusions were identified as minor injuries. Zhang also said that after the fight that afternoon, Li asked his friends to take him, Li Moujia and Li Mouyi to the village.
He said he would break his arm and let the minor injury offset the minor injury, so that he wouldn't have to lose money. Li Mouyi hit Zhang's left arm with a steel pipe, and then went to the hospital for filming, only to find that there was no fracture. Then Li Mouyi hit Zhang's right arm with a steel pipe and hit it with a bench leg.
But when I went to the hospital to take a picture, there was still no fracture. Li, the owner of the restaurant, said that Zhang was allowed to hurt his arm at that time because he wanted to cause more serious injuries and could negotiate with the other party. I didn't expect to hit his arm with a hard object several times without breaking it.
It refers to the act of providing hiding places and property for criminals, helping them escape or falsely proving that they are hiding. The crime includes two acts: one is to provide criminals with hiding places and property to help them escape.
This refers to providing a criminal with his own residence and managed house or giving him money and things, including food and clothes, to help him hide or evade legal investigation. The second is to falsely prove the person who harbors the crime.
This is to provide false evidence to the judicial organs to help criminals escape legal investigation. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
If the circumstances are serious, it mainly refers to harboring many people; Carrying out harboring behavior for many times; Concealing criminals who commit extremely serious crimes, etc.
Baidu Encyclopedia-People's Republic of China (PRC) and China Criminal Law