1. Is it necessary to pay a fine for forging evidence and making a false lawsuit? 1. If you forge evidence and make a false lawsuit, which constitutes the crime of false lawsuit, you must pay a fine. The sentencing standards for the crime of false litigation are as follows: (1) Generally, the person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and may also be fined; (2) If the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined. 2. Legal basis: Article 307-1 of the Criminal Law of the People's Republic of China and the People's Republic of China: Crime of False Litigation
2. There are several ways to pay fines (1) Automatic payment. 1. Refers to the fact that criminals can pay all fines on time, consciously and proactively within the time limit designated by the people's court. 2. Automatic payment is the most important way to achieve fines, which can reflect the attitude and degree of repentance of criminals. 3. The author believes that if the relatives of criminals voluntarily pay the fine on behalf of the criminals, the people's court should also allow it, and it will also be regarded as a sign of repentance. If sentenced to the main sentence, this expression of repentance can be used as a condition for commutation of the sentence. (2) Mandatory payment. 1. It means that when the payment period prescribed by the People's Court expires and a criminal who has the ability to pay fails to pay or fails to pay the fine in full, the People's Court shall take corresponding compulsory measures to force the criminal to pay. 2. Compulsory payment measures include seizure, sale of property, freezing of deposits, withholding of income, etc. 3. The author believes that for criminals who have the ability to pay but have not paid the fine upon expiration, when the people's court takes compulsory measures to sell off their property or execute their payment, they should also deduct the interest for the delay in paying the fine. The interest can be calculated as follows: Calculation of bank deposit interest rates for the same period. Only in this way can criminals who delay the payment of fines be given due punishment. Because criminals who have the ability to pay do not pay fines upon expiration, it shows that their crimes are subjectively vicious and they do not show remorse. In addition, delays in payment also make it more difficult for judicial organs to enforce fines. Therefore, the severity of punishment for criminals who have the ability to pay but do not pay fines should be different from criminals who have difficulty paying temporarily. Otherwise, it will affect the consciousness and initiative of criminals to pay fines, and is not conducive to the execution of fines. (3) Pay at any time. 1. It means that for criminals who cannot take the initiative to pay fines, if the people's court finds that they have property that can be executed at any time, they should recover them at any time. 2. This method helps ensure the realization of fine punishment. The recovery of fines is not restricted by the statute of limitations, and fines can be executed at any time against criminals who have been fined. This avoids the chance of criminals hiding, transferring property, and evading the recovery of fines, and ensures the effectiveness of fines to the greatest extent. implement. (4) Payment exemption or reduction. 1. It means that after the judgment takes effect, because the criminals encounter irresistible natural and man-made disasters and it is really difficult to pay according to the original judgment amount, the payment can be reduced or exempted as appropriate. 2. The author believes that several conditions must be met to reduce or reduce the payment of fines. (1) First of all, the occurrence of an irresistible disaster is a prerequisite for fine reduction; (2) Secondly, it is indeed difficult to pay the original fine; (3) Thirdly, the criminal must apply; finally, the people's court must verify the truth. Only if these conditions are met at the same time can the fine be reduced or exempted as appropriate. If any one of the conditions is missing, the fine cannot be reduced or exempted. According to the provisions of the Criminal Law, those who forge evidence to carry out false litigation constitute the crime of false litigation and must pay a fine. The crime of false litigation is generally punishable by fixed-term imprisonment of not more than three years, criminal detention or surveillance, and concurrently or solely a fine; if the circumstances are serious, the sentence is not less than three years but not more than seven years of fixed-term imprisonment, and concurrently fined. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or consult a professional lawyer.