The filing standard and sentencing of the crime of false accusation and frame-up

The following circumstances should be put on file: first, the fabricated criminal facts are serious; Second, the means of false accusation and frame-up are bad; Third, it has seriously affected the normal work of the judicial organs; Fourth, there are other serious circumstances. The subject of the crime of false accusation and frame-up is any natural person who is 16 years old and has criminal responsibility, that is, it belongs to the general subject.

The liability for false accusation is as follows:

1. If a false accusation or frame-up is made with minor consequences, it shall bear civil liabilities such as apology and compensation for losses;

2. If the consequences are serious, the false accuser is detained or even arrested by the public security organ. In this case, the public security bureau, the supervision institute and other relevant law enforcement agencies may also bear the state liability for compensation;

3. Whoever fabricates facts and falsely accuses others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance;

4. Whoever causes serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

The crime of false accusation and frame-up is a serious act of fabricating criminal facts and making false reports to state organs or relevant units with the intention of subjecting others to wrong criminal investigation. The relevant laws of our country have made relevant provisions on the responsibility and punishment of false accusation and frame-up. If the consequences are not serious, the defendant may be required to bear civil liabilities such as apology and compensation for losses through litigation. If the consequences are serious, if the falsely accused person is detained or even arrested by the public security organ, then the falsely accused person will be suspected of committing a crime and should bear criminal responsibility. In addition, in this case, the relevant law enforcement departments may also bear the state liability for compensation.

The legal responsibility of framing others. If it does not constitute a crime, the parties concerned may be given administrative penalties for public security. If the case constitutes a crime, criminal responsibility shall be investigated according to the crime of false accusation and framing.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 243rd of the Criminal Law of People's Republic of China (PRC)

Whoever fabricates facts, falsely accuses and frames others, with the intention of subjecting others to criminal investigation, 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.