Paraclete is to point to in criminal lawsuit, according to fact and law, maintain the legal interest of person of guilty suspect, the accused, the citizen that offers paraclete or lawyer. If forge evidence, need investigates criminal duty. So how does paraclete forge evidential blame to punish?
In practice, how does paraclete forge evidential blame to punish? The arm of the law seeks accordingly below small make up understanding one case. Read the following content, meet what help somewhat to you certainly.
One, paraclete forges evidential blame how to be punished
Be in 3 years of the following set term of imprisonments or arrest battle; The clue is serious, be in 3 years of above 7 years the following set term of imprisonment. Evidence of destruction of agent of paraclete, lawsuit, forging blame of evidence, obstructive attest is point to in criminal lawsuit, destruction of agent of paraclete, lawsuit, forge evidence, help party destruction, forge evidence, the minatory, witness that entice violates the act that attestation of fact, change perhaps forswears.
2, paraclete forges evidential blame make important document
Important document of １ , object
The object that this blame encroachs is the normal activity of person right of the citizen and judiciary, it is complex object. This blame is cloggy the normal activity of the judiciary, it is the criminal lawsuit activity that points to a judiciary. The civil suit activity of the judiciary, administrative lawsuit activity cannot make the object important document of this blame.
" code of civil law of People's Republic of China " the 102nd regulation, lawsuit participates in a person or someone else is forged, destroy significant evidence, cloggy people court hears a case, and prevent a witness with method of violent, minatory, buy over attest and incite, buy over, threatening other forswears, people court is OK according to clue weight, give amerce, detain; Make crime, investigate criminal duty lawfully.
" procedural law of administration of People's Republic of China " the 49th regulation: Lawsuit participates in a person other perhaps personnel is forged, conceal, destroy evidence, perhaps incite, buy over, threatening other forswears reach minatory, prevent witness attest, people court is OK according to clue weight, give admonitory, instruct recognizance be repentant to perhaps be in ｌ 0 yuan of the following amerce, ｌ 5 days detain below; Those who make crime, investigate criminal duty lawfully. Because criminal lawsuit and property of lawsuit of civil, administration are different, it is the society that obstructive evidence behavior hampers litigant place is caused together harm sex size also has different, of cloggy and civil suit or administrative lawsuit activity, cannot direct with this blame punish.
2, objective important document
This blame is in impersonal aspect expression in criminal lawsuit, destruction, forge evidence, help party destruction, forge evidence, the minatory, witness that entice disobeys a fact to change the behaviour that attestation perhaps forswears. Alleged proof, point to the evidence that the 42nd place weighs criminal procedural law, prove the case is real namely all facts of the circumstance, party, it is to point to criminal procedural law the 82nd １ the party that weighs, namely the accuser person of accessary and person of person of the injured party, private prosecution, guilty suspect, the accused, civil suit and the accused person. Be in this in, basically be to point to guilty suspect and culprit person.
3, main body important document
The main body of this blame can be the paraclete in criminal case and litigant agent only. Other criminal lawsuit participates in a person, and the investigation personnel of criminal case, procuratorial work personnel, adjudgement personnel, cannot make the principal part of this blame. Alleged paraclete, it is to point to those who accept person of guilty suspect, the accused to trust the person that counterpoises for its exercise plead lawfully, namely lawyer; The mass organization perhaps commits a crime the person that unit of place of person of suspect, the accused recommends; The guardian of person of guilty suspect, the accused, relatives and friends. So-called lawsuit is procuratorial, it is to show the accused person of public prosecution case reachs his legal agent is close perhaps relative, the private prosecution person of private prosecution case reachs his the party that legal agent entrusts the person that joins suit for you and accessary and civil suit reachs his legal agent trusts the person that joins suit for you.
4, subjective important document
This blame is in subjective side is direct and intended. The guilty motive of behavior person may be illicit of relatives and friends of be partial to, nip money of figure of retaliation, corrupt profit, but different motive does not affect this blame hold water.
As a whole, " administrative procedural law " the 49th specific provision: Forge, hide, destroy evidence, make crime, investigate criminal duty lawfully.
