Article 56 of the "Regulations on the Procedures of Public Security Organs for Handling Criminal Cases" stipulates that in criminal proceedings, if a defender or other person illegally interferes with litigation activities, he shall be held accountable in accordance with the law.
If a defender interferes with litigation activities and is suspected of committing a crime, which falls under the jurisdiction of the public security organ, the public security organ handling the case handled by the defender shall report it to the higher-level public security organ to designate another public security organ to file the case for investigation, or the higher-level public security organ shall file the case. reconnaissance. Public security organs subordinate to the public security organ that originally handled the case shall not be designated for investigation. If the defender is a lawyer, the public security organ that files the case for investigation shall promptly notify the law firm, bar association and judicial administrative agency to which he belongs.
Hindering civil litigation
Hindering civil litigation refers to words and deeds that disrupt the normal order of civil litigation and hinder the smooth progress of trial activities and execution activities. According to the provisions of my country's Civil Procedure Law, behaviors that obstruct civil proceedings include: (1) The defendant who the people's court believes must appear in court refuses to appear in court without justifiable reasons after being summoned twice; (2) Forging, concealing, or destroying evidence, obstructing The People's Court hears cases; (3) Preventing witnesses from testifying or using violence or threats to instruct, bribe or coerce others to give false testimony; (4) Relevant units refusing or hindering the People's Court from collecting evidence; (5) Concealing deposits and other property , delays or refuses to perform obligations; (6) hides, transfers, sells off, or destroys sealed, impounded, or frozen property.
Legal Interpretation
1. Actor. According to the provisions of the Civil Procedure Law, the actor who obstructs civil litigation can be a party to the case, other litigation participants, or a person outside the case. Because compulsory measures against obstruction of civil proceedings are aimed at behavior that disrupts the order of civil proceedings, no matter who, as long as their behavior disrupts the order of civil proceedings, compulsory measures can be taken against them, whether they are the parties to the case or other litigation participants.
2. The perpetrator committed acts that hindered civil proceedings. The actor committed specific behaviors that disrupted the order of civil litigation during the litigation, which objectively hindered and interfered with the normal conduct of civil litigation, causing the consequences of disrupting the order of civil litigation. Behavior can be manifested as actions, such as forging, destroying evidence, instructing others to commit perjury, etc. It can also be inaction, such as the defendant refusing to appear in court without justifiable reasons after being summoned, or a person who is obliged to assist the People's Court in taking protective measures refusing to assist the People's Court in its work, etc.
3. Subjectively, the actor’s behavior of obstructing civil proceedings is intentional. The so-called subjective intention refers to the actor's subjective hope or indulgence in obstructing the outcome of civil litigation. That is to say, the actor knows that his behavior may cause the result of obstructing the order of civil litigation, and pursues or tolerates this result. If the perpetrator's negligence results in disrupting the order of civil proceedings, such as the loss of evidence due to carelessness or negligence. does not constitute an obstruction of civil proceedings.