The crime of false accusation and framing refers to the act of fabricating facts and falsely accusing others of framing others, with the intention of making others subject to criminal investigation and the circumstances are serious. This crime is a crime based on circumstances. When the perpetrator commits false accusation and frame-up, it must reach the level of "serious circumstances" to constitute a crime.
The subject of this crime is the general subject, as long as the person who reaches the legal punishment can be constituted. If the subject is a staff member of a state organ, he will be punished severely.
The objects violated by this crime are the personal rights of others and the normal activities of judicial organs. The perpetrator attempted to use the same legal authority to achieve his purpose of framing innocent people. This kind of crime not only violates the personal rights of citizens and damages the reputation of innocent people, but also may lead to serious consequences of wrongful arrest, wrongful conviction, or even wrongful murder, causing unjust, false and wrongful convictions to interfere with the normal activities of judicial organs and undermine the prestige of judicial organs. . my country's constitution has elevated the punishment of false accusation and frame-up as a constitutional principle. my country's Constitution clearly stipulates that the personal dignity of citizens of the People's Republic of China is inviolable, and it is forbidden to insult, slander, and frame citizens by any means.
3. Subjective aspects
In the subjective aspect, this crime must be directly intentional, that is, knowing that he is fabricating facts, and reporting to the relevant authorities or reporting will have the harmful consequences of the defendant being criminally prosecuted, but he is determined to do it, and hopes that this harmful result will happen. Their motives can be varied, some are revenge, frame up, and vent their personal anger; some are greedy, jealous, and rewarding; some are ulterior motives, exclude others, and want to replace them; etc. But whatever the motive, the purpose is to bring others to criminal prosecution. If it does not have this purpose, but only for the purpose of disgracing the reputation of others and preventing others from promotion, fabricating facts and falsely accusing them of immoral or even general illegal acts cannot constitute this crime. Of course, the perpetrator has carried out the act of falsely accusing and framed, but whether or not it has achieved its purpose, that is, whether others have been criminally prosecuted, does not affect the establishment of this crime. As for being criminally investigated, it means that the public security, procuratorate, and court have filed a case for investigation of the reported facts in accordance with the relevant provisions of the Criminal Law and Criminal Procedure Law.
4. Objective aspects
This crime is objectively manifested as fabricating the facts of other people's crimes, reporting it to state organs or relevant units, or taking other methods that are sufficient to cause judicial organs to investigate activities.
(1) The facts of the crime must be fabricated, that is, the facts of the crime that are fabricated or others are imposed on the victim. As long as the fabricated facts of the crime are sufficient to cause the judicial organs to pursue the victim's criminal responsibility, fabrication of details and evidence is not required.
(2) It must be reported to the state organs or relevant units, or other methods are sufficient to cause the judicial organs to investigate. There are various ways of reporting, such as oral, written, signed, anonymous, direct, indirect and so on. If you only fabricate the facts of the crime and neither report it nor use other methods to cause judicial investigation, it does not constitute this crime.
(3) There must be a specific object. If there is no specific object, it is impossible | impossible to cause the judicial authorities to pursue someone's criminal responsibility, so that the personal rights of others will not be violated. Of course, the specific object does not require the perpetrator to be named, as long as the content of the report is sufficient for the judicial organ to confirm who the object is, it constitutes a crime of false accusation and frame-up. As for whether the object of the false accusation is a law-abiding citizen, or a prisoner who is serving a sentence, and whether he is subject to criminal punishment for being falsely accused, it does not affect the establishment of this crime. Falsely accusing a person who has not reached the legal age or has no ability to identify or control the crime is not allowed by the target, and still constitutes the crime of false accusation and frame-up.
(4) Since this crime is stipulated in the chapter "Crimes of Violating Citizens' Personal Rights and Democracy Rights", if one falsely accuses oneself of committing a crime, this crime is not established.
I. Draw a clear line between the crime of false accusation and frame-up and the crime of revenge and frame-up
The crime of retaliatory framing refers to the acts of retaliating and framing the accusers, complainants, critics and whistleblowers by staff members of state organs by abusing their powers and giving public benefit to their own interests. It is similar to the crime of false accusation and frame-up, that is, the crime of framing others and violating the personal rights and democratic rights of citizens. The difference between the two is:
1. The subject of the crime is different. The subject of the crime of false accusation and frame-up is the general subject. Anyone who is over 16 years old and has the capacity for criminal responsibility can become the subject of the crime. It can be a state functionary or an ordinary citizen. It is wider than the crime of revenge and frame-up. The crime of revenge and frame-up is a crime committed by the staff of state organs by relying on their positions.
2. The object of crime is different. The object of the crime of false accusation and frame-up includes citizens' personal rights, democratic rights and the normal activities of judicial organs, while the object of the crime of revenge and frame-up is only the democratic rights of citizens.
3. The content of the crime is different. Although the crime of false accusation and frame-up and the crime of revenge and frame-up are both crimes committed by the power of the state, the crime of false accusation and frame-up is to infringe the victim by fabricating the facts of the crime and making false reports with the help of the rights of the judicial organs. The perpetrator himself has no judicial power and cannot. Directly investigate the criminal responsibility of the victim. The crime of revenge and frame-up refers to the fact that the perpetrator himself, that is, the staff of the state organ, can use his own power to directly rectify the victim in terms of politics, economy and administration.
4. The targets of criminal acts are different. The object of the crime of false accusation and frame-up is anyone, and there are no requirements for identity, status, etc., while the object of the crime of revenge and frame-up is specific, and it must be the person who makes accusations, complaints, criticisms, and reports against the perpetrator.
5. The composition of the crime requires different consequences of the conduct. The crime of false accusation and frame-up constitutes an instant crime as long as the perpetrator's fabricated criminal facts are known to the judicial authorities, regardless of whether the victim is subject to criminal punishment. The crime of retaliatory framing requires that the perpetrator's retaliatory framing behavior must have caused certain consequences before it can be established. If no harmful consequences are caused or the consequences are not serious, it does not constitute a crime. (6)
2. Draw a clear line between the crime of false accusation and frame-up and the crime of perjury
The crime of perjury is that in criminal proceedings, witnesses, experts, recorders and translators intentionally make false proofs, identifications, records, and translations with the intention of framing others or concealing criminal evidence about the circumstances that have a major relationship with the case. What it has in common with the crime of false accusation and frame-up is that it makes others subject to criminal investigation, deliberately fabricates criminal facts to frame others, and violates citizens' personal rights, democratic rights and the normal activities of judicial organs. The difference is that the subject of the crime of false accusation and frame-up is the general subject, while the crime of perjury is limited to witnesses, experts, recorders, translators, etc. in specific criminal cases. The crime of false accusation and frame-up is to fabricate the entire criminal facts out of thin air without any basis, while the crime of perjury is to distort, fabricate, make false statements, records, appraisals, translations, etc. on the basis of some true circumstances of the case, in order to make judicial organs make mistakes judgment. False accusations and frame-ups can occur at any time, and they can be reported to any judicial organ or state organ or unit. The act of perjury only occurs in the process of criminal proceedings, and false proofs are made to the relevant case handlers who are handling the specific case.