If a litigant participant or other person commits one of the following acts, the people's court may impose a fine or detention according to the seriousness of the case; If the case constitutes a crime, criminal responsibility shall be investigated according to law: forging or destroying important evidence and obstructing the people's court from hearing the case; Preventing witnesses from testifying by violence, threat or bribery, or instigating, bribing or coercing others to commit perjury; Hiding, transferring, selling or destroying the property that has been sealed up or detained, or transferring the property that has been counted and ordered to be kept; Insulting, slandering, framing, beating or retaliating against judicial personnel, participants in litigation, witnesses, translators, expert witnesses, inspectors and assisting executors; Obstructing judicial personnel from performing their duties by violence, threat or other means; 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. The Lawyers Law clearly stipulates that the judicial administrative department shall supervise and guide lawyers, law firms and lawyers' associations in accordance with this Law.
Handling methods and steps of suspected crimes in false litigation;
1. Collect evidence to prove that the other party is false litigation.
2. file a counterclaim. In false litigation, the defendant can file a counterclaim with the court at the first instance. A lawyer can tell the defendant that he can only reply and cannot counterclaim. In this case, you can insist that the lawyer write a counterclaim and file a counterclaim. If the court tells you that you can only reply, but not counterclaim, the defendant can strongly insist on counterclaim, and the court will allow counterclaim.
3. Ask the court of first instance to hand it over to the public security organ for investigation. The Supreme Court demanded that if false litigation was found, the court should hand it over to the public security organ, make a ruling rejecting the prosecution and punish him at the same time!
4. report the case. After false litigation asked the court to hand it over to the public security organ for investigation, he could report the case to the public security organ whether the court handed it over or not. When reporting a case, it can be submitted to the public security department in written or oral form. However, we suggest writing as much as possible, and you can attach relevant evidence. According to relevant regulations, if false litigation constitutes a crime, the public security organ shall be responsible for filing the case.
Legal basis:
Criminal law of the people's Republic of China
Article 306
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.