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How to Sentence the Crime of Perjury after Obtaining Bail

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How to Sentence the Crime of Perjury after Obtaining Bail


        

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  • 2024-06-05 19:00:02

    Obtaining a guarantor pending trial is a compulsory measure, which has nothing to do with how to sentence.
    Obtaining a guarantor pending trial means that the criminal suspect can return to his/her own residence to work and live after he/she provides a guarantor or pays a deposit under circumstances such as minor criminal circumstances, no social danger, or illness and pregnancy. However, how to sentence depends on the result of the court trial, which has no direct connection with obtaining a guarantor pending trial.
    Whoever prevents a witness from giving testimony or instigates another person to give false testimony by means of violence, threat, bribery, etc., shall constitute a crime of perjury and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; 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. Whoever helps a party destroy or forge evidence, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
    [Legal Basis]
    In Article 67 of the Criminal Procedure Law, the people's court, the people's procuratorate and the public security organ may obtain a guarantor pending trial for a criminal suspect or defendant who is in any of the following circumstances: (1) may be sentenced to public surveillance, criminal detention or an independent supplementary punishment; (2) It may be sentenced to fixed-term imprisonment or more, and the adoption of guarantor pending trial will not cause social danger; (3) A woman who suffers from a serious disease, cannot take care of herself, is pregnant or breast-feeding her own baby, and takes a guarantor pending trial, which will not cause social danger; (4) When the term of custody expires, the case has not been completed and it is necessary to obtain a guarantor pending trial. Obtaining a guarantor pending trial shall be executed by the public security organ.

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