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Is it a false lawsuit to sue with some fictional facts

Updated on: 2023-06-06 16:22:50

Lawyer Answer

It is also false to sue with some fictional facts if it causes serious harm litigation Of.
According to our country《 criminal law 》If a person brings a civil action with fabricated facts, which impairs judicial order or seriously infringes upon the lawful rights and interests of others, he shall be sentenced to not more than three years fixed-term imprisonment 、 criminal detention perhaps control , concurrently or separately fine ; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Legal basis

Article 307-1 of the Criminal Law
Whoever brings a civil action with fabricated facts, thus impeding judicial order or seriously infringing upon the lawful rights and interests of others, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the act mentioned in the first paragraph, illegally occupies another person's property or evades legal debts, which also constitutes another crime, shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment.
Any judicial officer who, by taking advantage of his power, jointly commits the acts mentioned in the preceding three paragraphs with others shall be given a heavier punishment; If it also constitutes another crime, it shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment.

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How to distinguish forged currency from altered currency

(1) The objective behavior is different. Counterfeiting currency is to imitate the color, pattern, shape, raw materials, etc. of the real currency to make counterfeit currency, which does not contain the elements of the real currency; Alteration of currency means processing the real currency by means of mending, uncovering, altering, and patching, so as to increase its denomination or number of pieces; (2) The requirements for constituting a crime are different. The criminal law of counterfeiting money does not stipulate that the amount is large enough to constitute; The alteration of currency is based on a large amount.

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Will the bail be refunded

1. If the criminal suspect does not violate any of the provisions of Article 56 of the Criminal Procedure Law during the period of obtaining a guarantor pending trial, the public security organ shall return the security deposit to the criminal suspect in full at the same time of terminating the guarantor pending trial. Article 56 stipulates that: Obligations of the person on bail: (1) Not to leave the city or county where he lives without the approval of the executing organ; （2） Arrive at the case in time when being summoned; （3） Do not interfere with the witness in any form; （4） They shall not destroy or forge evidence or collude with others. If a criminal suspect or defendant who has obtained a guarantor pending trial violates the provisions of the preceding paragraph and has paid the deposit, the deposit shall be confiscated, and the criminal suspect or defendant shall be ordered to sign a statement of repentance, pay the deposit again, provide a guarantor, or be placed under residential surveillance or arrested, depending on the circumstances. If the criminal suspect or defendant does not violate the provisions of the preceding paragraph during the period of obtaining a guarantor pending trial, the deposit shall be returned at the end of the period of obtaining a guarantor pending trial. 2. If a decision is made to return the deposit, it shall be submitted to the person in charge of the public security organ at or above the county level for approval after strict examination and approval, and a Letter of Decision on Refund of Deposit shall be issued. 3. After the public security organ decides to return the security deposit of the criminal suspect, it shall notify the designated bank to return the security deposit to the criminal suspect in full and order the criminal suspect to sign or seal the Letter of Decision on the Return of Security Deposit when the criminal suspect is released from bail pending trial. Therefore, if the person on bail pending trial does not violate the relevant provisions of the law during the period of bail pending trial, the bail deposit shall be returned.

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Provisions of the Criminal Law on the Prosecution Period of Criminal Cases

Article 87 A crime shall not be prosecuted after the following periods:

（1） If the maximum punishment prescribed is fixed-term imprisonment of less than five years, five years shall elapse.

（2） Ten years shall elapse if the maximum punishment prescribed is fixed-term imprisonment of not less than five years but not more than ten years.

（3） Fifteen years shall elapse if the maximum punishment prescribed is fixed-term imprisonment of not less than ten years.

（4） If the maximum punishment prescribed is life imprisonment or death penalty, 20 years shall elapse. If it is deemed necessary to prosecute after 20 years, it shall be reported to the Supreme People's Procuratorate for approval.

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Where can I find out if I have been prosecuted

The way to query whether you are prosecuted is as follows: 1. Received the short message notice of 12368 prosecution, on which the case number, hearing time, name of the court to be sued, cause of action and hearing time are shown; 2. When receiving the court summons sent by EMS, generally speaking, the court clerk in charge of your case will first call the defendant to verify the address of receipt with a fixed phone before mailing the summons, and sometimes the defendant will call the defendant to get documents from the court if he files a lawsuit at the defendant's residence; 3. Call 12368 from 8:00 a.m. to 12:00 a.m. or 14:30 p.m. to 18:30 p.m. from Monday to Friday.

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