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What are the consequences of perjuring witness transcripts?

1. What are the consequences of a witness committing perjury

1. The consequences of a witness committing perjury, specifically as follows:

(1) Criminal proceedings in which a witness commits perjury Legal consequences: those who constitute a crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if it does not constitute a crime, the people's court may impose a fine or detention according to the seriousness of the case;

(2) The legal consequences of a civil lawsuit in which a witness commits perjury will not be adopted. In addition to inadmissibility of the testimony of the witness who committed perjury, the people's court may impose fines and detention based on the seriousness of the case. If a crime is constituted, criminal liability will be pursued in accordance with the law.

2. Legal basis: Article 305 of the "Criminal Law of the People's Republic of China"

The crime of perjury in criminal proceedings includes witnesses, appraisers, recorders, and translators. Anyone who intentionally makes false certifications, appraisals, records, or translations regarding circumstances that are important to the case, with the intention of framing others or concealing criminal evidence, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. imprisonment.

2. Requirements for making transcripts of witness interviews

1. Two people must be asked, one asking and one taking notes;

2. The witness’s statement must be recorded in accordance with the Record his own tone, and try to record it sentence by sentence, without any modification, summary or change;

3. The questions and answers during the inquiry should also be recorded sentence by sentence in the transcript. And it must reflect the tone and attitude of the questions and answers;

4. After the interrogation is completed, the transcript must be read to the witness, or the witness must read it in person. If a witness requests supplements and modifications, it should be allowed, and the witness should be allowed to put his or her fingerprint, signature, or seal on the supplements and modifications;

5. If a witness requests to write a testimony in his own hand, it should be allowed. But it must be carefully inquired in advance, and then the witness must be asked to write immediately at the place of inquiry. When necessary, investigators can list the questions they want to answer and ask the person concerned to write them in person. After the witness has finished writing, he should immediately check whether the testimony written in the transcript is complete. If it is incomplete, the witness can ask the party to supplement it;

6. Each page of the interrogation transcript should be numbered in sequence and signed by the witness page by page. Stamp or fingerprint. The investigators signed at the end of the last page of the transcript. If there are other persons participating, they should also sign at the end of the last page of the transcript;

7. The transcript of each witness’s inquiry must be made separately. It is not allowed to write the testimonies of several witnesses together. In the same transcript, it is not allowed to only make a transcript of a certain witness and have other witnesses sign their signatures on the transcript respectively;

8. The blank lines and pages left in the text of the interrogation transcript shall be Before the witness signs, the investigators should fill in the lines;

9. The paper used for questioning the witness transcript must meet the requirements, and the handwriting must be clear and neat;

10. Questioning the witness The transcript must be written with a pen or brush, not a pencil or ballpoint pen.