Standards for Conviction and Sentencing at the Filing Stage-False Litigation Crime

Full Compilation of Standards for Conviction and Sentencing at the Filing Stage-False Litigation Crime

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of False Litigation

 

(Adopted at the 1732th meeting of the Judicial Committee of the Supreme People’s Court on January 25, 2018, and adopted at the second meeting of the 13th Procuratorial Committee of the Supreme People’s Procuratorate on June 13, 2018, and implemented on October 1, 2018)

 

Law Interpretation (2018) No. 17

In order to punish false litigation and criminal activities in accordance with the law, maintain judicial order, and protect the legitimate rights and interests of citizens, legal persons and other organizations, according to the "Criminal Law of the People's Republic of China", "Criminal Procedure Law of the People's Republic of China" and "Civil Procedure Law of the People's Republic of China" and other legal provisions, several issues concerning the application of law in handling such criminal cases are explained as follows:

  

Article 1 

Anyone who uses methods such as forging evidence or false statements to commit one of the following acts, fabricating civil legal relationships, fabricating civil disputes, and filing a civil lawsuit in the people’s court shall be deemed as Article 307 of the Criminal Law, Paragraph 1 The stipulated “initiate a civil lawsuit based on fabricated facts”:

 

(1) Maliciously colluding with one of the spouses to fabricate joint debts between the husband and wife

 (2) Maliciously colluding with others, fabricating creditor's rights and debt relations and debt settlement agreements

 (3) With the legal representatives, directors, supervisors, and supervisors of companies and enterprises managers or other management personnel maliciously collude to fabricate the debts or guarantee obligations of the company or enterprise

(4) Fabricate intellectual property infringement relationships or unfair competition relationships

(5) Declare fabricated claims during the trial of a bankruptcy case

(6) ) Maliciously colluding with the person subject to enforcement, fabricating creditor's rights, or the priority or security of property rights to be sealed, seized, or frozen

(7) Unilateral or maliciously colluding with others, fabricating civil legal relationships such as identity, contract, tort, inheritance Other behaviors.

 

To conceal the fact that the debts have been fully paid off, bring a civil lawsuit to the people’s court, and demand others to perform the debt, the argument is that the civil lawsuit is filed with fabricated facts.

 

Applying to the people’s court to enforce an arbitration award or notarized creditor’s right document made based on fabricated facts, or using fabricated facts in the process of civil execution to object to the subject of execution, or to apply for participation in the distribution of the execution of property, belongs to Article 307 of the Criminal Law 1. 

"Civil lawsuits are initiated on the basis of fabricated facts" as stipulated in the first paragraph.

 

Article 2

 Where a civil lawsuit is filed based on fabricated facts in any of the following circumstances, it shall be deemed as “hindering the judicial order or seriously infringing the lawful rights and interests of others” as stipulated in the first paragraph of Article 307 of the Criminal Law:

 

(1) Causing the people’s court to take property preservation or behavior preservation measures based on fabricated facts

(2) Causing the people’s court to hold trial sessions and interfering with normal judicial activities

(3) Causing the people’s court to issue judgment documents and make property based on fabricated facts Distribution plan, or filing a case to execute an arbitration award or notarized creditor’s right document made based on fabricated facts

 (4) Civil litigation has been filed with fabricated facts many times

 (5) Civil action has been taken because of fabricated facts Compulsory measures or criminal prosecution

 (6) Other circumstances that hinder judicial order or seriously infringe the lawful rights and interests of others.

 

Article 3

 Where a civil lawsuit is filed based on fabricated facts and one of the following circumstances shall be deemed to be "serious circumstances" as stipulated in the first paragraph of Article 307 of the Criminal Law:

 

Standards for Conviction and Sentencing at the Filing Stage-False Litigation Crime

(1) There is a situation in Item 1 of Article 2 of this Interpretation, causing economic losses of more than one million yuan

 (2) There is one of the situations in Items 2 to 4 of Article 2 of this Interpretation, which seriously interferes with normal judicial activities Or seriously impair judicial credibility

(3) Cause the obligor to automatically perform the property payment obligations determined in the effective judgment document or the people's court enforces property rights and interests, and the amount reaches more than one million yuan

(4) Causes the debt of others to be unfulfilled, the amount Reaching one million yuan or more

(5) Illegal possession of another person’s property in the amount of more than 100,000 yuan

(6) causing others to be taken criminal detention or arrest for the execution of a judgment or ruling made by the people’s court based on fabricated facts, or subject to criminal investigation

(7) Other serious circumstances.

 

Article 4

 The act of implementing the first paragraph of Article 307 of the Criminal Law, illegally occupying other people’s property or evading legal debts, constitutes the crime of fraud, embezzlement by office, refusal to execute judgments, convictions, corruption, and other crimes,

 In accordance with the provisions of heavier punishments, convicted and punished severely.

 

Article 5

Judicial personnel who use their powers to jointly perform the first three paragraphs of Article 307 of the Criminal Law with others shall be severely punished. 

At the same time they constitute the crime of abuse of power, the crime of civil violation of the law, execution of judgments, rulings of abuse of power, etc. 

Whoever commits a crime shall be convicted and punished severely in accordance with the provisions of heavier punishment.

 

Article 6

 Litigation agents, witnesses, evaluators and other litigation participants conspire with others to initiate false civil lawsuits, deliberately give false testimony or issue false authentication opinions, and jointly implement the first three paragraphs of Article 307 of the Criminal Law If the crime is convicted and punished in accordance with the provisions of a joint crime. 

If it also constitutes a crime of obstructing testimony, helping to destroy or forging evidence, etc., it shall be convicted and punished in accordance with the more severe punishment.

 

Article 7

 Where the use of forgery of evidence or other means to falsify the facts of the case and defraud people’s court judgment documents constitutes a crime, criminal responsibility shall be investigated in accordance with the provisions of Article 280 and Article 307 of the Criminal Law.

 

Article 8

 Where a unit implements the act in the first paragraph of Article 307 of the Criminal Law, the person in charge and other directly responsible persons shall be convicted and punished in accordance with the conviction and sentencing standards stipulated in this interpretation, and the unit shall be fined.

 

Article 9

 The implementation of the first paragraph of Article 307 of the Criminal Law did not meet the criteria for serious circumstances, the perpetrator was a first offender, and he voluntarily repented during the civil procedure, accepted the decision of the people’s court, actively returned the stolen goods and refunded compensation 

If the circumstances of the crime are considered to be minor, no prosecution or criminal punishment shall be imposed; if it is really necessary to impose a penalty, a lenient punishment may be imposed.

 

Where judicial personnel use their powers to jointly implement the first paragraph of Article 307 of the Criminal Law, the provisions of paragraph one of this article shall not apply to judicial personnel.

 

Article 10

 Criminal cases of false litigation shall be under the jurisdiction of the people's court at the location of the accepting court of false civil litigation or the place where the executing court is located. 

In the case of the fourth paragraph of Article 307 of the Criminal Law, the people's court at a higher level may designate a people's court at a lower level to transfer the case to another people's court for trial.

 

Article 11

 The judgment document mentioned in this interpretation refers to the judgment, ruling, mediation statement, payment order and other documents made by the people's court in accordance with the Civil Procedure Law, Enterprise Bankruptcy Law and other civil laws.

 

Article 12

 This interpretation shall come into effect on October 1, 2018.


Conclusion

What really matter in law is implementation whether it is criminal or civil. This is just a rough idea if not implemented.




 


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