Article 243 of the "Criminal Law of the People's Republic of China": Whoever fabricates facts to frame others with the intention of subjecting others to criminal prosecution shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstances are serious. or control; if serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
According to Article 243 of the Criminal Law of the People's Republic of China, the crime of false accusation and frame-up refers to fabricating facts and making false reports with the intention of framing others and subjecting them to criminal prosecution. Behavior.
False accusations and frame-ups must be for the purpose of subjecting others to criminal prosecution. If someone fabricates facts and makes false accusations without the purpose of subjecting others to criminal prosecution, such as falsely accusing others of illegal or immoral behavior with the purpose of ruining others' reputations, preventing others from receiving certain rewards or promotions, etc., this crime does not constitute this crime.
Extended information:
The following conditions must be met to constitute the crime of false accusation and frame-up:
(1) The fabricated facts must be the criminal facts of others. If the fabricated facts If it is not for the purpose of subjecting others to criminal prosecution, it does not constitute this crime;?
(2) Not only fabricated the criminal facts of others, but also reported the fabricated criminal facts to the relevant authorities;?
(3) The act of false accusation and frame-up must be a clear target;?
(4) If the circumstances of false accusation and frame-up are serious, the "serious circumstances" stipulated here mainly refer to fabricated criminal facts The circumstances are serious, the frame-up method is bad, or the impact on society is bad, etc. As long as the act of false accusation and frame-up meets the above conditions, whether the person framed is criminally punished or not, it will not affect the conviction of this crime.
Reference: Baidu Encyclopedia - False accusation and frame-up