Subjectively, the crime of perjury must come from direct intention, that is, the actor knows that his false statement is a plot that has an important relationship with the case, but in order to frame others or conceal criminal evidence.
For it.
Whether a person commits perjury depends on his objective performance to absorb subjective performance. Subjective performance must be intentional. If it is wrong, it does not constitute perjury. If it's just an insignificant lie, you don't need to bear any responsibility. After all, people always remember or say the wrong thing. But if it is crucial testimony, it may be dealt with as perjury.
If you lie in the transcript, how to punish it depends on whether it is a public security case or a criminal case, and the punishment is different.
1. In public security cases, those who provide false testimony or lie about the case, which affects the administrative law enforcement organs in handling cases according to law, shall be detained for more than five days and less than ten days according to Article 60 of China's Law on Public Security Administration Punishment, and be fined for more than 200 yuan and less than 500 yuan.
2. If lying in the transcript of a criminal case is a crime of perjury in criminal proceedings, it is a violation of the criminal law and a criminal act, and criminal responsibility should be borne. According to the provisions of Article 305 of China's Criminal Law, in criminal proceedings, witnesses, expert witnesses, recorders and translators deliberately make false proofs, appraisals, records and translations of important cases, with the intention of framing others or concealing criminal evidence. 3. 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.
Notes when taking notes are as follows:
1, prepare the required materials;
2. Make full preparations and draw up an outline of questions;
3, according to ask different types of people, make corresponding preparations;
4. The contents of the transcript should be detailed and appropriate, and key contents should not be omitted;
5. The contents of the transcript cannot contradict each other.
legal ground
Criminal law of the people's Republic of China
Article 305 Crime of perjury In criminal proceedings, witnesses, expert witnesses, recorders and translators who intentionally make false proofs, appraisals, 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.