Legal responsibility of forging signature documents in judicial expertise
As very important evidence, the expert opinion of judicial expertise will of course bear legal responsibility if it is falsified.
Criminal law of the people's Republic of China
Article 307 Crime of obstructing testimony; Preventing witnesses from testifying or instructing others to commit perjury by means of violence, threats or bribery constitutes the crime of helping to destroy or falsify evidence. , 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.
Whoever helps a party destroy or forge evidence, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Any judicial officer who commits the crimes mentioned in the preceding two paragraphs shall be given a heavier punishment. The boundary between perjury and false accusation and frame-up.
Both charges have the intention of framing others. The difference between them is that,
(1) The former is a specialist; And the subject of the latter is the general subject.
(2) The former acts during the investigation and trial; The latter's behavior was carried out before filing a case for investigation, which is the cause of case investigation.
(3) The former is realized through false proof, false identification, false record and false translation; The latter is a false report.
(4) The former only provides perjury in individual cases that are important to the case; The latter fabricated the whole criminal fact.
(5) The former may have two purposes: framing others or shielding criminals; The purpose of the latter can only be to frame others and make innocent people suffer criminal punishment. Article 144 A civil juristic act performed by a person without capacity for civil conduct is invalid.
civil law
Article 146 A civil juristic act in which the intention expressed by the actor and the counterpart is untrue is invalid.
Article 153 The validity of a civil juristic act that violates mandatory provisions, public order and good customs. A civil juristic act that violates the mandatory provisions of laws and administrative regulations is invalid. However, unless mandatory provisions do not invalidate civil legal acts.
A civil legal act that violates public order and good customs is invalid.
Article 154 A civil legal act in which the actor colludes with the counterpart in bad faith and damages the legitimate rights and interests of others is invalid.
Article 497 A standard clause is invalid under any of the following circumstances:
(1) The provisions of Section 3 of Chapter VI in Part I of this Law and Article 506 are invalid;
(2) The party providing the standard terms unreasonably exempts or lightens its responsibilities, aggravates the responsibilities of the other party or restricts the main rights of the other party;
(3) The party providing the standard terms excludes the other party's main rights.
Validity of exemption clauses The following exemption clauses in this contract are invalid:
(1) Causing personal injury to the other party;
(2) Causing property losses to the other party due to intentional or gross negligence.