The six situations of conditional non-prosecution include: (1) less subjective malignancy, or negligence, deception, coercion, etc. 2) Good behavior at ordinary times, occasional crime, 3) Confession and repentance after committing a crime, and there is no possibility of endangering society again or interfering with litigation, such as collusion, destroying evidence, obstructing testimony, etc. 4) The facts of the case are clear and the evidence is sufficient. 5) The suspect is not a vagrant. Conditional non-prosecution refers to setting a certain investigation period when the procuratorial organ believes that the criminal suspect who should bear criminal responsibility cannot be investigated immediately. During the investigation, if the relevant social obligations are actively fulfilled and the relevant obligations agreed with the victim and the procuratorial organ are enough to prove their repentance, the procuratorial organ will make a decision not to prosecute according to law.
False litigation crime refers to the act of filing a civil lawsuit with fabricated facts, which hinders the judicial order or seriously infringes upon the legitimate rights and interests of others. The constitutive requirements of false litigation crime are as follows: 1. The subject of this crime is a general subject, and any natural person or unit exceeding 16 can constitute this crime. 2. The subjective aspect is intentional. 3. The object of crime is a complex object, including the national judicial order and the legitimate rights and interests of others. 4. Objective: First, the actor must fabricate facts; Secondly, the actor must file a civil lawsuit; Finally, the actor's act of fabricating facts to file a civil lawsuit should hinder the judicial order or seriously infringe upon the legitimate rights and interests of others. The so-called fabrication of facts includes the following types: 1, the type of "making something out of nothing", that is, the actor fabricates the relationship between creditor's rights and debts and falsifies evidence, such as IOUs and repayment agreements. And on this basis, sue the court and ask the victim to fulfill the "debt"; 2, "resurgence" type, that is, the actor takes the debt documents that the victim has performed but has not recovered or destroyed as evidence, and brings a lawsuit to the court to ask the victim to perform again; 3. "Vulnerability" type, that is, the actor forged relevant evidence to expand the creditor's rights, or tampered with the loan amount on the iou and the conclusion of the disability level of the disability appraisal book.
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Legal basis: Article 307 of the Criminal Law of People's Republic of China (PRC) brings a civil lawsuit with fabricated facts, which hinders the judicial order or seriously infringes upon the legitimate rights and interests of others, and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; 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 and shall also be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the act mentioned in the first paragraph, illegally occupies other people's property or evades legal debts, which constitutes other crimes, shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment.
Judicial personnel who use their powers to collude with others to commit the acts mentioned in the preceding three paragraphs shall be given a heavier punishment; If it constitutes other crimes at the same time, it shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment.