Item 2 of Article 60 of the Public Security Administration Punishment Law of the People's Republic of China: Anyone who forges, conceals, or destroys evidence or provides false testimony or misreports the facts of a case, thereby affecting the administrative law enforcement agencies' handling of cases in accordance with the law, shall be punished. Detention for not less than five days but not more than ten days, and a fine of not less than 200 yuan but not more than 500 yuan.
Article 42, Item 3 of the "Law of the People's Republic of China on Public Security Administration Punishments": Anyone who fabricates facts and makes false accusations to frame others in an attempt to subject others to criminal prosecution or public security administration penalties shall be sentenced to five years Detention for not more than 5 days or a fine of not more than 500 yuan; if the circumstances are serious, the offender shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan.
Legal Basis
Article 243 of the "Criminal Law of the People's Republic of China": Fabricating facts to frame others with the intention of subjecting others to criminal prosecution, if the circumstances are serious , shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance; if serious consequences are caused, the person shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years. Falsifying the alarm will cause a large amount of police resources to be wasted, and may even delay other people in need of assistance. Whether this behavior is a silly joke, to create an atmosphere of terror, to vent personal anger, or to achieve other purposes, the motive does not affect the establishment of illegal and criminal acts.
Remember, if you are in danger, call 110 immediately; if you lie about the case, you will be arrested! If you falsely accuse someone of rape and are suspected of false accusation and frame-up, you will not only be subject to criminal detention, but you will also be sentenced.
The "Criminal Law" stipulates:
Article 243: For the crime of false accusation and frame-up, whoever fabricates facts to frame others with the intention of subjecting others to criminal prosecution shall, if the circumstances are serious, be sentenced to not more than three years. Fixed-term imprisonment, criminal detention or public surveillance; if serious consequences are caused, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
If a staff member of a state agency commits the crime in the preceding paragraph, he shall be severely punished.
The provisions of the first two paragraphs shall not apply if the accusation is not intentional but is false, or the report is untrue. The legal circumstances that should be considered in rape cases of minors include first offense, surrender, meritorious service, accessory, threatened accessory, attempt, preparation, discontinuation, etc. Statutory circumstances should be used as the main basis for determining the range of sentencing, and then discretionary circumstances should be considered. We can neither regard statutory circumstances as the only sentencing standard and ignore discretionary circumstances, nor can we strengthen discretionary circumstances and weaken statutory circumstances. The two should be organically combined and finally considered. my country's Criminal Procedure Law stipulates that the medical appraisal of mentally ill patients shall be conducted by a hospital designated by the provincial people's government. After the appraisal is conducted, the appraiser shall write down the appraisal conclusion, which shall be signed by the appraiser and stamped by the official seal of the hospital. It also stipulates that if an appraiser intentionally makes a false appraisal, he shall bear legal liability. If a mentally ill person who is determined by legal procedures to be completely unable to recognize or control his own behavior is not criminally responsible, the criminal law stipulates that his family members or guardians should be ordered to strictly monitor and provide medical treatment, and when necessary, the government will provide compulsory treatment. Therefore, if a mentally ill person is convicted of rape and it is determined after identification that there is no need for a responsible person, he can be dealt with according to the above circumstances in accordance with the law.