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How to prosecute perjury in civil proceedings?

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How to prosecute perjury in civil proceedings?


        

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  • 2024-06-14 17:00:04

    How to prosecute perjury in civil proceedings? The act of perjury infringes the litigants' right of action. Those who violate the right of action are not actionable in China at present and can only be reported to the court. If a person is giving false evidence in a civil action, the people's court may, according to the seriousness of the case, impose a fine or detain him; If a crime is constituted, criminal responsibility shall be investigated according to law. To introduce you to the relevant knowledge of the crime of perjury: The crime of perjury is usually prosecuted by the People's Procuratorate as a public prosecution organ to the People's Court. Those who commit the crime of perjury are 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. The crime of perjury belongs to a public prosecution case. The prosecution organ of a public prosecution case is the People's Procuratorate. After the public security organ has completed its investigation, it will transfer it to the procuratorate for review and prosecution, and the procuratorate will file a public prosecution to the court according to law. The indictment submitted by the public security organ records in detail all the evidence of the criminal suspect's perjury. Therefore, the indictment submitted by the People's Procuratorate to the court can be used as the material for prosecution of perjury.
    According to Article 111 of the Civil Procedure Law, if a litigant participant or any other person forges or destroys important evidence, which hinders the people's court from hearing a case, the people's court may impose a fine or detain him according to the seriousness of the case; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 305 If, in criminal proceedings, a witness, expert witness, recorder or translator intentionally makes false testimony, expert testimony, record or translation of the circumstances that are important to the case, with the intention of framing another person or concealing criminal evidence, he 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. The above is a detailed answer for you, and I hope it will be helpful to you. The above is a detailed answer for you, and I hope it will be helpful to you.

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