Traditional Culture Encyclopedia - Traditional culture - What is the charge of obstructing justice?
What is the charge of obstructing justice?
The crime of obstruction of justice is not a specific crime, but a criminal law crime of obstruction of justice, and the sentencing standard is determined according to the specific crime. Sentencing standards for obstruction of justice:
1, the crime of obstructing testimony, preventing witnesses from testifying or instructing others to commit perjury by means of violence, threats, bribery, etc., shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention;
2. Whoever retaliates against a witness shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention;
3. The crime of disturbing court order, gathering people to make trouble, storming the court, or beating judicial staff, which seriously disturbs court order, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or fine;
4. Whoever harbors or harbors a crime, knowing that he is a criminal, provides him with a hiding place and property, helps him escape or falsely proves that he is sheltering, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance;
5. The crime of refusing to execute a judgment or ruling, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.
The crime of obstruction of justice refers to a serious act that violates the law and uses various methods to hinder the normal litigation activities of the state judicial organs and undermine the exercise of the state judicial power. Specifically, it includes the crime of retaliating against witnesses, disturbing court order, harboring, harboring, refusing to provide evidence of espionage, concealing, refusing to execute judgments and rulings, and illegally disposing of seized, detained or frozen property.
Legal basis: Article 305 of the Criminal Law of People's Republic of China (PRC).
In criminal proceedings for perjury, witnesses, expert witnesses, recorders and translators who intentionally make false proofs, appraisals, records and translations of important cases with the intention of framing others or concealing criminal evidence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
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