What are the consequences of forging evidence? Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years or criminal detention (Article 306 of the Criminal Law of People's Republic of China (PRC)); Judicial personnel who commit this crime shall be given a heavier punishment. Definition of forged evidence Forged evidence includes both forged criminal evidence and forged civil evidence; It can forge evidence not only against the defendant, but also in favor of the defendant. For example, criminals deliberately create false documentary evidence and physical evidence, forge the scene of the crime, or make false statements to cover up accomplices in order to avoid guilt or blame others; Witnesses and expert witnesses provide false testimony or make expert conclusions that are inconsistent with the facts because they have an interest in the parties to the case or the outcome of the case; Because of inducements and threats, the records of the inquest and inspection made by the inquest and inspection personnel do not conform to the facts; The victim made a false statement for some motive (for example, the raped woman denied the fact of being raped because she was embarrassed or gave in to pressure), and so on. Forging evidence is an act that hinders the normal activities of judicial organs and should be investigated according to law. Whoever forges evidence, no matter which side it belongs to, will be investigated by law; If the court finds that a witness intentionally perjures himself or conceals criminal evidence, it shall deal with it according to law; When questioning witnesses, they should be informed that they should truthfully provide evidence and testimony, and that they should bear legal responsibility for deliberately perjury or concealing criminal evidence; The public security organ may detain the criminal flagrante delicto or major suspect who should be arrested, if it is likely to destroy, forge evidence or collude with others. The crime of helping to destroy or falsify evidence refers to the serious act of instructing or assisting the parties to conceal, destroy or falsify evidence in litigation activities. (1) Object Elements The object of this crime is the normal activities of the judicial organs, while the object is the parties. It does not constitute this crime to help others other than the parties to destroy or forge evidence instead of helping the parties. The so-called parties include both parties in criminal proceedings, such as victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in incidental civil proceedings, as well as parties in civil proceedings, such as plaintiffs, defendants, co-litigants and third parties, and also parties in administrative proceedings, such as plaintiffs and defendants. (II) Objective Elements This crime is objectively manifested as helping the parties to destroy or forge evidence. The so-called help refers to preparing the tools of destruction for the parties, forging evidence, removing obstacles, making suggestions, providing conditions, supporting encouragement, strengthening their destruction, forging evidence confidence and so on. It can be manifested as physical and material help, as well as spiritual and psychological support. It can be in litigation, and sometimes it can be before litigation. The so-called destruction refers to the destruction and destruction of evidence, including not only the complete disappearance of evidence in form, such as burning, tearing, soaking and discarding evidence, but also the loss or partial loss of probative force of evidence, such as anvil pollution and graffiti, which makes it unable to reflect the facts proved. The so-called forgery refers to fabricating and formulating evidence that does not actually exist or tampering, distorting, processing and sorting out existing evidence to violate the truth. This crime is a plot crime. The act of helping the parties to destroy or forge evidence must reach the serious degree that constitutes this crime. Although there is an act of helping the parties to destroy or forge evidence, if the circumstances are not serious, it cannot be punished as this crime. If the circumstances are serious, it mainly refers to despicable motives: helping many times; Helping the parties to major cases; Litigation activities cannot be carried out or suspended because of his help; Causing misjudged cases; Having a bad influence; Wait a minute. (III) Subject Elements The subject of this crime is a general subject, that is, a natural person who has reached the age of 16 and has the capacity for criminal responsibility can constitute this crime. (IV) Subjective Elements The subjective aspect of this crime is intentional. That is, the actor knows that the other party is a party to this case, but in order to help the parties, he still insists on helping them destroy forged evidence. Therefore, from the above information, we can know that forging evidence is an illegal act and will be severely punished. We can also know what forged evidence means and how to identify it as forged evidence through the definition of forged evidence. 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What are the consequences of forging evidence? Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years or criminal detention (Article 306 of the Criminal Law of People's Republic of China (PRC)); Judicial personnel who commit this crime shall be given a heavier punishment. Definition of forged evidence Forged evidence includes both forged criminal evidence and forged civil evidence; It can forge evidence not only against the defendant, but also in favor of the defendant. For example, criminals deliberately create false documentary evidence and physical evidence, forge the scene of the crime, or make false statements to cover up accomplices in order to avoid guilt or blame others; Witnesses and expert witnesses provide false testimony or make expert conclusions that are inconsistent with the facts because they have an interest in the parties to the case or the outcome of the case; Because of inducements and threats, the records of the inquest and inspection made by the inquest and inspection personnel do not conform to the facts; The victim made a false statement for some motive (for example, the raped woman denied the fact of being raped because she was embarrassed or gave in to pressure), and so on. Forging evidence is an act that hinders the normal activities of judicial organs and should be investigated according to law. Whoever forges evidence, no matter which side it belongs to, will be investigated by law; If the court finds that a witness intentionally perjures himself or conceals criminal evidence, it shall deal with it according to law; When questioning witnesses, they should be informed that they should truthfully provide evidence and testimony, and that they should bear legal responsibility for deliberately perjury or concealing criminal evidence; The public security organ may detain the criminal flagrante delicto or major suspect who should be arrested, if it is likely to destroy, forge evidence or collude with others. The crime of helping to destroy or falsify evidence refers to the serious act of instructing or assisting the parties to conceal, destroy or falsify evidence in litigation activities. (1) Object Elements The object of this crime is the normal activities of the judicial organs, while the object is the parties. It does not constitute this crime to help others other than the parties to destroy or forge evidence instead of helping the parties. The so-called parties include both parties in criminal proceedings, such as victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in incidental civil proceedings, as well as parties in civil proceedings, such as plaintiffs, defendants, co-litigants and third parties, and also parties in administrative proceedings, such as plaintiffs and defendants. (II) Objective Elements This crime is objectively manifested as helping the parties to destroy or forge evidence. The so-called help refers to preparing the tools of destruction for the parties, forging evidence, removing obstacles, making suggestions, providing conditions, supporting encouragement, strengthening their destruction, forging evidence confidence and so on. It can be manifested as physical and material help, as well as spiritual and psychological support. It can be in litigation, and sometimes it can be before litigation. The so-called destruction refers to the destruction and destruction of evidence, including not only the complete disappearance of evidence in form, such as burning, tearing, soaking and discarding evidence, but also the loss or partial loss of probative force of evidence, such as anvil pollution and graffiti, which makes it unable to reflect the facts proved. The so-called forgery refers to fabricating and formulating evidence that does not actually exist or tampering, distorting, processing and sorting out existing evidence to violate the truth. This crime is a plot crime. The act of helping the parties to destroy or forge evidence must reach the serious degree that constitutes this crime. Although there is an act of helping the parties to destroy or forge evidence, if the circumstances are not serious, it cannot be punished as this crime. If the circumstances are serious, it mainly refers to despicable motives: helping many times; Helping the parties to major cases; Litigation activities cannot be carried out or suspended because of his help; Causing misjudged cases; Having a bad influence; Wait a minute. (III) Subject Elements The subject of this crime is a general subject, that is, a natural person who has reached the age of 16 and has the capacity for criminal responsibility can constitute this crime. (IV) Subjective Elements The subjective aspect of this crime is intentional. That is, the actor knows that the other party is a party to this case, but in order to help the parties, he still insists on helping them destroy forged evidence.