The crime of perjury refers to the conduct of witnesses, evaluators, recorders, or translators in criminal proceedings who intentionally make false testimony, evaluations, records, or translations of circumstances that are important to the case, with the intention of framing others or concealing criminal evidence.
Netizen consultation:
Is lying in court perjury?
Lawyer answers:
"Perjury" refers to the conduct of the perpetrator in the course of litigation to deliberately give false testimony to important circumstances related to the case, with the intention of distorting the facts and confusing the truth with falsehood, in order to achieve some illegal purpose. In criminal proceedings, witnesses, evaluators, recorders, or translators intentionally make false testimony, evaluation, recording, or translation of circumstances that are important to the case, with the intention of framing others or concealing criminal evidence, are to be sentenced to up to three years imprisonment or short-term detention;where the circumstances are serious, the sentence is between three and seven years imprisonment.
Providing incorrect appraisals, records, or translations due to irresponsibility or negligence in the work of appraisers, recorders, or translators, or limited professional skills;and where false evidence is provided because of a partial understanding of the true circumstances of the case, an inaccurate understanding, or hearsay and hearsay, the crime of perjury is not constituted because there is no subjective intent to perjury. Where there is perjury, but the circumstances are obviously minor and the harm is not great, it should not be found to be a crime.
Lawyer adds:
In the course of criminal proceedings, "witness" refers to a person who states the circumstances of a case that he or she knows about at the request of the judicial organs, "evaluators" refers to persons with specialized knowledge or special skills appointed or hired by the judicial organs to identify the truth of certain circumstances in a case and the truth of the facts, and "recorders" refers to persons who make records for the investigation and collection of evidence in the case, questioning witnesses or victims, or interrogating criminal suspects or defendants. "Translators" refers to personnel appointed or hired by judicial organs to act as interpreters for foreigners, ethnic minorities, deaf-mutes, or other litigation participants in a case, and also includes personnel who translate legal documents or evidentiary materials and other relevant materials in a case.
Legal basis] Criminal Law Article 305 [Crime of Perjury] In criminal proceedings, witnesses, evaluators, recorders, or translators intentionally make false testimony, evaluation, recording, or translation of circumstances that are important to the case, with the intention of framing others or concealing criminal evidence, shall be sentenced to up to three years imprisonment or short-term detention;where the circumstances are serious, the sentence is between three and seven years imprisonment.
Profile of lawyer Chen Dongyue
Chen Dongyue, who studied at Shandong University as a bachelor's degree and Hainan University as a master's degree, has a legal professional qualification certificate, a teacher qualification certificate and other certificates, and actively participates in academic, practical and public welfare activities. He has completed a number of innovative projects in Hainan Province, served as the legal counsel of many companies, and has undertaken hundreds of cases, and devoted himself to public welfare activities in his spare time.