According to the first paragraph of Article11of the Civil Procedure Law, if a litigant participant or other person forges or destroys important evidence and obstructs the people's court from hearing a case, the people's court may impose a fine or detain it according to the seriousness of the case; If a crime is constituted, criminal responsibility shall be investigated according to law. Therefore, forging evidence in civil proceedings does not necessarily constitute a crime, and it needs to be judged according to the severity of forging evidence. Those who constitute a crime may commit specific crimes such as forging evidence, false litigation, forging official documents of state organs, and fraud.
Although forging evidence does not necessarily constitute a crime, it is indeed an illegal act that disturbs the order of litigation. In addition to the evidence being inadmissible, the court will impose a certain fine or detention on the counterfeiter tonight, because don't falsify evidence in the lawsuit, otherwise you will bear legal responsibility, and the lawsuit is more likely to lose. Lawyers involved may be punished by confiscation of illegal income, suspension of practice and revocation of practice license.
Second, the constitutive elements of the crime of forging evidence
1, object element
The object of this crime is the normal activities of judicial organs, and the object is the parties. It does not constitute this crime to help others other than the parties to destroy or forge evidence instead of helping the parties. The so-called parties include both parties in criminal proceedings, such as victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in incidental civil proceedings, parties in civil proceedings, such as plaintiffs, defendants, co-defendants and third parties, and parties in administrative proceedings, such as plaintiffs and defendants.
2. Objective factors
This crime is objectively manifested as helping the parties to destroy and forge evidence. The so-called help refers to preparing the tools of destruction for the parties, forging evidence, removing obstacles, making suggestions, providing conditions, supporting encouragement, strengthening their destruction, forging evidence confidence and so on. It can be manifested as physical and material help, as well as spiritual and psychological support. It can be in litigation, and sometimes it can be before litigation. The so-called destruction refers to the destruction and destruction of evidence, including not only making the existing evidence completely disappear from the form, such as burning, tearing, soaking and discarding the evidence, but also making it lose or partially lose its probative power, such as smearing and scribbling the evidence, so that it cannot reflect the facts proved. The so-called forgery refers to fabricating and formulating evidence that does not actually exist or tampering, distorting, processing and sorting out existing evidence to violate the truth. This crime is a plot crime. The act of helping the parties to destroy or forge evidence must reach the serious degree that constitutes this crime. Although there is an act of helping the parties to destroy or forge evidence, if the circumstances are not serious, it cannot be punished as this crime. If the circumstances are serious, it mainly refers to despicable motives: helping many times; Helping the parties to major cases; Litigation activities cannot be carried out or suspended because of his help; Causing misjudged cases; Having a bad influence; Wait a minute.
3. Main elements
The subject of this crime is a general subject, that is, a natural person who has reached the age of 16 and has the ability of criminal responsibility, which can constitute this crime.
4. Subjective factors
The subjective aspect of this crime is intentional. That is, the actor knows that the other party is a party to this case, but in order to help the parties, he still insists on helping them destroy forged evidence.
Three, what responsibility should be borne for forging evidence in civil proceedings?
Forging evidence is a serious obstruction of judicial justice. According to the provisions of Article 111th of the Civil Procedure Law, the people's court may impose a fine or detain a litigant participant or any other person for any of the following acts according to the seriousness of the case; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Forging or destroying important evidence, which hinders the people's court from hearing a case;
(2) using violence, threats or bribes to prevent witnesses from testifying or instigating, bribing or coercing others to commit perjury;
(3) Hiding, transferring, selling off or destroying the property that has been sealed up or detained or the property that has been counted and ordered to be kept, and transferring the frozen property;
(4) Insulting, slandering, framing, beating or retaliating against judicial personnel, participants in litigation, witnesses, translators, expert witnesses, inspectors and assisting executors;
(5) Obstructing judicial personnel from performing their duties by violence, threat or other means; (6) Refusing to perform a legally effective judgment or ruling of the people's court.
The people's court may impose a fine or detention on a unit that commits one of the acts listed in the preceding paragraph; If a crime is constituted, criminal responsibility shall be investigated according to law. ",we can know that forging evidence in civil proceedings needs to bear administrative responsibility or criminal responsibility.
1. Administrative responsibilities: detention and fines.
2. Criminal responsibility: According to Article 306 of the Criminal Law, "In criminal proceedings, defenders and agents ad litem who destroy or falsify evidence, help the parties to destroy or falsify 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. The witness testimony or other evidence provided, presented or quoted by defenders and agents ad litem is inaccurate, not intentionally forged and does not belong to forged evidence. " The punishment for perjury depends on the specific circumstances of the crime:
(1) Fixed-term imprisonment of not more than three years or criminal detention;
(2) fixed-term imprisonment of not less than three years but not more than seven years.
This is what I arranged for you. What is the crime of forging evidence in civil litigation? In civil litigation, both parties must ensure the authenticity of the evidence submitted, and cannot destroy or falsify the evidence, otherwise it may constitute the crime of falsifying evidence stipulated by Chinese laws, and they should bear corresponding criminal responsibilities according to law.