On September 27, 2018, according to message of website of top people court, procuratorate of top people court, top people is announced " about handling case of false suit criminal applicable law the explanation of a certain number of problems " (the following abbreviation " explanation " ) . " explanation " from false suit criminality limit, conviction the assurance of policy of the condemnatory principle that contest of standard of measurement of penalty, several blames adds up to, criminal, district is decided really administer waited for a respect to make a provision.
On October 12, 2018, court of continent division people is opposite Wu city mayor false suit case undertook Kuang Jianxiong be adjudged publicly.
This is Wu state city first applicable and top magic arts are top the false suit crime with newest and specific check convictions the false contentious case that standard of measurement of penalty has adjudging.
Course of details of a case
On March 17, 2016, kuang Jianxiong of the accused person is concoctive its turn through the bank Zhang means to Feng Mou China (deceased) the fact that pays arenaceous stone imprest, with Feng Mou China did not agree according to the contract, fulfill exploitation arenaceous stone and to its for the obligation of first sale, court of people of Xiang Changzhou division mentions civil suit, ask pay off of Zuo of Feng Mou of the widow He Mou of Feng Mou China, son these 500 thousand yuan of debt. In front courtyard careful, kuang Jianxiong offerred its and Li Mou flower, Feng Mou China signs " contract agreement " , receipt and history of false registered permanent residence of the bank that enrol business trade the evidence that the evidence such as list regards support as its lawsuit request.
On August 19, 2016, long continent the relevant evidence that Kuang Jianxiong of person of forensic basis the accused provides made first instance adjudicate, sentence Zuo of your He Mou, Feng Mou to fulfill pay off the obligation of these 500 thousand yuan of debt. On March 14, 2017, court of intermediate people of Wu state city makes final judgment adjudicate, cognizance Kuang Jianxiong requests Zuo of He Mou, Feng Mou to return the appeal that returns 500 thousand yuan of imprest and interest for the foundation with dummy creditor's rights, belong to the act that closes right increase through other of false suit enroach on, the first instance of this case adjudicates cancel, reject Kuang Jianxiong's lawsuit to request; The behavior of false to Kuang Jianxiong suit makes amerce decide a book, to Kuang Jianxiong amerce RMB is rectified 50 thousand yuan. Kuang Jianxiong paid 50 thousand yuan of fine on April 8, 2017.
On July 26, 2018, wu city mayor procuratorate of continent division people appeals to with punishment of Wu long check (2018) Kuang Jianxiong of person of the accused of 126 indictments accusation commits false suit crime, to sue of court of people of continent division of mayor of Xiang Wu city. Long continent after the court is accepted, comprise collegiate bench lawfully, hear this case at making public open a court session on August 28, 2018; Undertook adjudging to this case at making public open a court session on October 12.
The court thinks
Kuang Jianxiong of the accused person mentions with concoctive fact civil suit, obstructive judicatory order, its behavior already offended criminal law, make false suit crime. Kuang Jianxiong of person of the accused of accusation of public prosecution mechanism commits false suit crime accusation holds water. Front courtyard careful comes after Kuang Jianxiong of the accused person is brought to justice all can commit a crime for narrating according to the facts fact, the mood is better, can punish lightly lawfully.
Additional, paraclete still puts forward, court of intermediate people of Wu state city already on March 14, 2017, false to the accused person suit the punishment that made 50 thousand yuan, put in the circumstance that be related punishs more. According to relevant law provision, the amerce that court of intermediate people of Wu state city makes to the accused person decides to belong to category of coercive measures of obstructive and civil suit, and this case belongs to criminal lawsuit, criminal law sets fine law clause clearly, reason nonexistent be related punishs this case more.
On put together, grow according to of court of continent division people " criminal law of People's Republic of China " reach procuratorate of top people court, top people " about handling case of false suit criminal applicable law the explanation of a certain number of problems " regulation, adjudicate Kuang Jianxiong of the accused person commits false suit crime, sentence a set term of imprisonment one year, punish golden RMB 60 thousand yuan.
Legal knowledge popular science
It is below " procuratorate of top people court, top people about handling case of false suit criminal applicable law the explanation of a certain number of problems " full text:
To punish lawfully false suit commits a crime activity, uphold judicatory order, protective citizen, legal person and other organization are legal rights and interests, basis " criminal law of People's Republic of China " " procedural law of criminal of People's Republic of China " " code of civil law of People's Republic of China " wait for legal provision, a certain number of issues that handle statute of comfortable use of case of this kind of criminal now explain as follows:
The first is adopted falsify the passport such as evidence, false statement, carry out one of following behavior, concoctive and civil law concerns, dummy and civil dispute, mention to people court of civil suit, ought to maintain for criminal law of one of the 307th the first section provision " mention with concoctive fact civil suit " :
(one) collude with with ill will of one party of husband and wife, concoctive husband and wife is collective of debt;
(2) collude with with other ill will, debt of concoctive creditor's rights concerns and with agreement of content pay a debt in kind or by labour;
(3) ill will of as other perhaps as thing of the legal representative of company, enterprise, trustee, inspect, manager administrator is colluded with, debt of concoctive company, company perhaps assures compulsory;
(4) tort of concoctive intellectual property concerns or unfair competition concerns;
(5) going bankrupt the case declares concoctive creditor's rights in cognizance process;
(6) collude with with ill will of person be executived, concoctive creditor's rights is right perhaps close down, the sequestered, lien that freezes property, assure content counterpoises;
(7) home remedy perhaps is colluded with with other ill will, concoctive identity, contract, tort, successive the other action that waits for civil law impact.
Conceal debt the fact of already all pay off, mention to people court civil suit, requirement other fulfills debt, with " mention with concoctive fact civil suit " theory.
To people court application carries out writ of the arbitral adjudication that is based on concoctive fact to make, notarial creditor's rights, perhaps be opposite with concoctive fact in civil executive procedure the demur of executive mark, application participates in executive belongings distributive, belong to criminal law of one of the 307th the first section provision " mention with concoctive fact civil suit " .
The 2nd mentions with concoctive fact civil suit, have one of following state, ought to maintain for criminal law of one of the 307th the first section provision " obstructive judicatory order is serious perhaps enroach on another person is lawful rights and interests " :
(one) cause people court to be based on concoctive fact to adopt belongings conserves or behavior conserves of measure;
(2) cause people court open a court session to try, disturb normal judicatory activity;
(3) cause people court to be based on concoctive fact to make the juridical copy clerk, belongings that make distribute program, or put on record carries out writ of the arbitral adjudication that is based on concoctive fact to make, notarial creditor's rights;
(4) mention with concoctive fact for many times of civil suit;
(5) Ceng Yin mentions with concoctive fact civil suit is adopted what civil suit coercive measures perhaps has sufferred criminal to find out;
(6) others of serious perhaps enroach on shuts sequence of other and obstructive judicatory the case of right beneficial.
The 3rd mentions with concoctive fact civil suit, have one of following state, ought to maintain for criminal law of one of the 307th the first section provision " the clue is serious " :
(one) have this explanation the 2nd the first case, cause million of other pecuniary loss yuan of above;
(2) have this explanation the 2nd the 2nd comes one of the 4th case, disturb normal judicatory activity badly to harm force of judicatory public letter badly perhaps;
(3) the belongings that causes obligor to fulfill copy clerk of become effective judge automatically to decide gives Fu Yi Wu or people court carries out property rights and interests compulsively, amount achieves million yuan of above;
(4) cause other creditor's rights to cannot come true, amount achieves million yuan of above;
(5) detinue other belongings, amount achieves 100 thousand yuan of above;
(6) the court decision that because do not carry out people court to be based on concoctive fact to make,renders other, ruling, the criminal that be adopted is detained, arrest measure to perhaps be found out by criminal;
(7) the case with other severe scenario.
The 4th executive criminal law one of the 307th the first paragraph behavior, detinue other belongings perhaps escapes legal liability, constitute crime of fraud again, functionary embezzlement blame, refus does not carry out blame of court decision, ruling, embezzle the crime such as the blame, the regulation with according to heavier punishment convictions from heavy punishment.
Jobbery of staff member of the 5th judicatory, implement criminal law jointly with other of one of the 307th before 3 paragraph behavior, from heavy punishment; Make crime of misuse of authority at the same time, civil pervert the law cuts convict into parts, of the crime such as blame of misuse of authority of executive court decision, ruling, the regulation with according to heavier punishment convictions from heavy punishment.
The lawsuit such as agent of the 6th lawsuit, witness, appraiser participates in person and other to connect seek, the representative mentions to make false testimony civil suit, intentionally perhaps issue false appraisal opinion phonily, common executive criminal law of one of the 307th before 3 paragraph behavior, the regulation that according to commits a crime jointly convictions punishment; Make obstructive attest crime at the same time, help destruction, forge the crime such as evidential blame, the regulation with according to heavier punishment convictions from heavy punishment.
The 7th is adopted forge the method such as evidence to distort case fact, copy clerk of judge of diddle people court, make crime, according to criminal law the 280th, wait for a regulation the 307th times to investigate criminal duty.
The 8th unit implements criminal law of one of the 307th the first paragraph behavior, according to explains a provision originally conviction standard of measurement of penalty, the director staff that is in charge of directly to its and personnel of other and direct responsibility conviction punishment, condemn fine to the unit.
The 9th executive criminal law one of the 307th the first paragraph behavior, did not reach the level with serious clue, behavior person fastens first offence, be repentant of freewill in civil suit process recognizance, accept people court to handle a decision, of positive disgorge ill-gotten gains, pay compensation for what one has unlawfully taken, can maintain for guilty clue slight, be not sued or avoid grant criminal punishment; Be necessary to sentence penalty truly, can from wide punishment.
Jobbery of judicatory staff member, implement criminal law jointly with other of one of the 307th the first paragraph behavior, not applicable to judicatory staff member a the first section provision.
Case of criminal of the 10th false suit by false and civil contentious case accept forensic seat to perhaps carry out court of forensic seat people administer. Have criminal law of one of the 307th the 4th money status, ranking people court can appoint junior people court to move the case send courtyard of someone else civil code adjudgement.
Eleventh what this explanation calls a judgment writ, it is the civil law such as law of code of civil law of according to of courtyard of civil code pointing to a person, business failure book of the court decision that make, ruling, mediation, pay make wait for writ.
Dozenth this explanation applies since October 1, 2018.
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