If a person is wrongly detained, the case-handling organ may apply for state compensation.
False accusation against others violates the Law on Public Security Administration Punishment, and if the circumstances are serious, criminal responsibility shall be investigated for the crime of false accusation against others.
Article 17 of the State Compensation Law: If the organs, detention houses, prison management organs and their staff exercising the functions and powers of investigation, prosecution and trial infringe upon personal rights, the victims shall have the right to compensation:
Taking detention measures against citizens in violation of the provisions of the Criminal Procedure Law, or taking detention measures against citizens in accordance with the conditions and procedures stipulated in the Criminal Procedure Law, but the detention time exceeds the time limit stipulated in the Criminal Procedure Law, and then deciding to dismiss the case, not to prosecute or declare innocent, and terminate criminal responsibility;
After taking arrest measures against citizens, they decide to dismiss the case, not to prosecute or terminate the investigation of criminal responsibility after being acquitted;
In accordance with the procedure of trial supervision, the retrial is changed to acquittal, and the original judgment has been executed;
Extorting a confession by torture or beating or maltreating others, causing bodily injury or death to citizens, or instigating or conniving others to beat or maltreat others;
Illegal use of weapons and police equipment causes physical injury or death to citizens.
Article 42 of the Law on Public Security Administration Punishment commits one of the following acts, and shall be detained for less than 5 days or fined for less than 500 yuan; If the circumstances are serious, he shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan:
(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment;
Article 243 of the Criminal Law: Crime of false accusation and framing. Whoever fabricates facts and falsely accuses others with the intention of making others be investigated for criminal responsibility, 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.