The crime of false accusation and frame-up refers to the act of fabricating facts and making false reports with the intention of framing others and making them subject to criminal investigation. "Others" here refers to all third parties, including ordinary cadres and the masses, as well as criminals serving sentences and other defendants and criminal suspects in custody. False accusations against others must be aimed at making others criminally prosecuted. If you fabricate facts and falsely accuse others for the purpose of not making them subject to criminal investigation, if you falsely accuse others of illegal or immoral behavior for the purpose of discrediting others, it will not constitute this crime.
Legal objectivity:
Article 38 of the Constitution of People's Republic of China (PRC): The personal dignity of People's Republic of China (PRC) citizens is inviolable. It is forbidden to insult, slander, falsely accuse or frame citizens in any way. 2. "Law of the People's Republic of China on Public Prosecutors" Article 57 If a public prosecutor is falsely accused, framed, insulted or slandered in performing his duties according to law, the people's procuratorate shall, jointly with relevant departments, promptly clarify the facts, eliminate the adverse effects, and investigate the responsibilities of the relevant units or individuals according to law. 3. Article 64 of the Supervision Law of People's Republic of China (PRC) takes revenge on the accuser, prosecutor, witness or supervisor; Accusers, prosecutors and witnesses who fabricate facts and falsely accuse or frame the object of supervision shall be dealt with according to law. 4. Article 42 of the People's Republic of China (PRC) Public Security Administration Punishment Law has one of the following acts, and shall be detained for less than five days or fined less than five hundred yuan; If the circumstances are serious, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan: (1) writing threatening letters or threatening the personal safety of others by other means; (2) publicly insulting others or fabricating facts to slander others; (3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment; (4) Threatening, insulting, beating or retaliating against witnesses and their close relatives; (5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others; (six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others. 5. Article 31 of the Supervision Regulations of the People's Procuratorate shall be handled in accordance with the relevant provisions if it is reported that it deliberately fabricates facts and falsely accuses others. 6. Provisions of the People's Procuratorate on Reporting Article 9 The People's Procuratorate shall inform the whistleblower to report truthfully, and shall not intentionally fabricate facts, forge evidence or falsely accuse or frame others according to law. 7. Article 38 of the Regulations on Supervision of People's Courts suggests that the relevant units should deal with informants who deliberately fabricate facts and falsely accuse and frame court staff; If the case constitutes a crime, it shall be transferred to the relevant authorities for criminal responsibility. 8. Article 180 of the Rules of Criminal Procedure of the People's Procuratorate (for Trial Implementation) shall inform the unit or relevant department of the preliminary investigation conclusion within one month from the date of making a decision and clarify the facts. Those who falsely accuse or frame up shall be transferred to the relevant departments for handling. 9. Provisions of the People's Procuratorate on Letters and Visits Article 23 If a complainant puts forward letters and visits in the form of a visit, the reception staff shall make a written record, which shall specify the name, unit, address and specific contents of the complainant, and shall be signed or sealed by the complainant and the reception staff after being read out or handed over to the complainant for reading. If the complaint, report or complaint materials provided by the complainant are unclear, the complainant shall be required to supplement them. If more than one person makes the same complaint through visiting, the complainant shall be required to elect representatives, and the number of representatives shall not exceed five. The staff accepting complaints and reporting clues shall inform the complainant to be responsible for the authenticity of the contents of the complaints and reports, and shall not fabricate or distort the facts, or falsely accuse or slander others. 10 article 100 of the regulations on disciplinary actions of public prosecutors (for trial implementation) shall be punished by warning, demerit recording or gross demerit recording; If the circumstances are serious, demotion or dismissal shall be given, and if the circumstances are serious, dismissal shall be given. Those who insult or slander others shall be dealt with in accordance with the provisions of the preceding paragraph.