1. If the retrial applicant is a natural person, a copy of the identity certificate shall be submitted; If the applicant for retrial is a legal person or other organization, a copy of the business license and the identity certificate of the legal representative or principal responsible person shall be submitted. Where an application is entrusted to another person, the power of attorney and the identity certificate of the agent shall be submitted.
2. If the consequences are serious, according to Article 243 of the Criminal Law: fabricating facts and falsely accusing others with the intention of making others be investigated for criminal responsibility, if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. The highest judicial organ considers the crime stipulated in this article as the crime of false accusation and frame-up.
Second, the filing standard of the crime of false accusation and frame-up.
1. The crime of false accusation and frame-up refers to a serious act of fabricating criminal facts and making false reports with the intention of subjecting others to criminal investigation. "fabrication" refers to fabricating criminal facts out of nothing in order to make the falsely accused person be wrongly investigated, prosecuted and tried.
2. According to the relevant regulations, if the perpetrator is suspected of false accusation and frame-up, he should be placed on file under any of the following circumstances: First, the fabricated criminal facts are serious; Second, the means of false accusation and frame-up are bad; Third, it has seriously affected the normal work of the judicial organs; Fourth, there are other serious circumstances.
Extended data:
Criminal procedure law stipulates that
Any unit or individual who discovers criminal facts or suspects has the right and obligation to report to the public security organ, the people's procuratorate or the people's court.
Victims have the right to report and accuse criminal facts or criminal suspects who infringe their personal and property rights to public security organs, people's procuratorates or people's courts.
The public security organ, people's procuratorate or people's court shall accept the report.
If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling and notify the informant; For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then transfer them to the competent department.
other terms
The report can be made in written or oral form. If it is an oral report, the receptionist shall make a written record, which shall be signed or sealed by the informant after being read out correctly.
The people's court, the people's procuratorate or the public security organ shall timely review the report materials within their jurisdiction, and if they think that there are criminal facts that need to be investigated for criminal responsibility, they shall file a case; If it is considered that there is no criminal fact, or the criminal fact is obviously minor, it is not necessary to pursue criminal responsibility, and the case will not be filed.
According to the provisions of China's Criminal Procedure Law, organs, organizations, enterprises, institutions and individual citizens should report the case to the relevant judicial organs in a timely manner according to the nature of the incident and the legal jurisdiction of the case.
Baidu encyclopedia-false accusation