Case Concerning Reconsideration of the Decision not to Approve the Arrest of Yang X for Suspected False Litigation
(SPP Guiding Case No. 210)
Key words
False litigation; Tampering with evidence; Comprehensive performance of duties; Reconsideration of the decision not to approve the arrest
Summary
In determining the crime of false litigation, it is essential to ascertain whether the offender fabricated civil legal relationships or concocted civil disputes. Where an offender tampers with certain evidence, but a genuine civil legal relationship and civil dispute exist between the parties, the conduct shall not be regarded as a crime. In handling reconsideration cases concerning a decision not to approve the arrest, the people's procuratorates shall strengthen communication with public security organs to promote understanding and acceptance of the reconsideration decision. Where the offender's conduct does not amount to a crime but disrupts judicial order or infringes upon the lawful rights and interests of others, the people's procuratorate shall issue procuratorial recommendations to ensure that the offender bears appropriate legal responsibility.
Relevant provisions
Article 307-1 (1) of the Criminal Law of the People's Republic of China
Article 92 of the Criminal Procedure Law of the People's Republic of China (Rev. 2018)
Article 290 of the Rules of Criminal Procedure for the People's Procuratorates (Rev. 2019)
Articles 1 and 2 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law in the Handling of Criminal Cases regarding False Litigation (Judicial Interpretation No. 17 [2018] of the Supreme People's Court, effective as of October 1, 2018)
Articles 2, 3, 4, and 23 of the Opinions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice on Further Enhancing the Work on Punishment of the Crimes of Filing False Litigations (No. 10 [2021] of the Supreme People's Court, effective as of March 10, 2021)
