Lying in court to win the case Judge: False statements may be punished

Tianshan.com - Xinjiang Legal Daily reporter Zhang Xiu Correspondent Liu Dan

Play smart in court to win a lawsuit? Don't be too happy. Illegal acts will be punished by the court. Recently, the Korla Railway Transport Court heard a case of alimony, admonishing the party Qi (a pseudonym) for his false statement in accordance with the law.

　　 Case review

In January this year, the Korla Railway Transport Court accepted the case that the plaintiff Zhang Jia (a minor's pseudonym) sued his father Zhang Yi (a pseudonym) for alimony in accordance with the law. Qi appeared in court as the legal representative of the minor Zhang Jia.

During the trial, Qi said that he took the plaintiff Zhang Jia to a pediatric hospital in Beijing to see a doctor in March 2023, spent 20000 yuan in medical expenses, and submitted medical records, WeChat payment records and other evidence in court.

Zhang Yi raised an objection to the amount of medical expenses. He believed that the plaintiff only submitted part of the medical records and payment records, but did not provide a list of hospital expenses and medical expenses settlement sheet, which could not prove that the medical expenses actually cost 20000 yuan.

In the court investigation stage, the judge asked Qi about the amount of medical expenses actually spent. Qi always said that the total cost of medical expenses was 20000 yuan, and said that he did not know the medical expense statement and expense list.

The two sides have always had a big dispute over medical expenses, so the judge in charge inquired about Qi's WeChat bill in court and found that the total medical expenses settled when he was discharged was more than 5000 yuan, and the hospital has returned the remaining amount to Qi's WeChat account.

The judge in charge criticized Qi's behavior and told him that his false statement hindered the normal trial of the case by the people's court, which violated the principle of good faith in civil proceedings. After being explained by the court, Mr. Qi immediately acknowledged his mistake and promised that similar things would not happen again.

In view of Mr. Qi's willingness to submit the refund record after the request of the undertaking judge, he had a good attitude to admit his mistake, without causing serious consequences, the court admonished him according to the provisions of Article 113 of the Civil Procedure Law of the People's Republic of China.

　　 Judge's hint

Honesty, trustworthiness and truthful statement of the case are the legal obligations of each party as the subject of litigation. False statements will hinder the normal trial of cases and lead to the waste of judicial resources. Once the above acts are verified, the people's court may impose fines or detention according to the seriousness of the case; If a crime is constituted, criminal responsibility shall be investigated according to law.

　　 Normal link

Article 113 of the Civil Procedure Law of the People's Republic of China stipulates that litigation participants and others shall abide by court rules. The people's court may admonish a person who violates court rules, order him to withdraw from the court, or impose a fine or detention on him. The people's court shall investigate for criminal responsibility according to law those who make a scene in the court, assault the court, insult, slander, threaten or beat the judges, and seriously disturb the order of the court; If the circumstances are relatively minor, a fine or detention shall be imposed.