According to the provisions of China s Criminal Procedure Law, if a person is framed for a joint crime by another person, the defender can be entrusted to defend it and take the initiative to collect evidence to prove that he is not guilty.
Article 34 The criminal suspect has the right to appoint a defender from the date of the first interrogation by the investigating authority or take compulsory measures; during the investigation, a lawyer can only be appointed as a defender. The defendant has the right to appoint a defender at any time.
When investigating a criminal suspect for the first time or taking compulsory measures against the criminal suspect, the investigating organ shall inform the criminal suspect that he has the right to entrust a defender. The people s procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. Within three days from the date of accepting the case, the people s court shall inform the defendant of his right to entrust a defender. When a criminal suspect or defendant requests to appoint a defender while in custody, the people s court, people s procuratorate, and public security organ shall promptly convey their requirements.
This crime objectively manifests itself as a fabrication of another person s crime, reports it to a state organ or a relevant unit, or adopts other methods sufficient to cause the judicial organs to investigate.
First, the facts of the crime must be fabricated. That is, nothing is created, framed, framed, and subjective impositions are used to impose fabricated or otherwise criminal facts on the victim. The fabricated criminal facts need only be sufficient to cause the judicial organs to investigate the criminal responsibility of the victim, and do not require fabrication of detailed plots and evidence. There is a view that fabricating the general facts of others also constitutes false accusations, and we do not agree with this view. This is because this law expressly requires that the subjective intention is to subject another person to criminal prosecution.
Secondly, it must be reported to the state organs or relevant units. Or other methods are enough to cause the judicial organs investigation activities, and there are various ways of reporting, such as oral, written, signed, anonymous, direct, indirect and so on. It is not a crime to fabricate the facts of the crime, neither to report it, nor to take other measures to cause it to be investigated by the judicial organs.
Again, there must be specific objects. Without a specific target, it would not be possible to cause the judicial authorities to pursue a person s criminal responsibility and thus not infringe on the personal rights of others. Of course, the specific object does not require the perpetrator to be named, as long as the content of the report is sufficient for the judicial organ to confirm who the object is, it will constitute a false accusation. As to whether the object of being framed is a law-abiding citizen, a prisoner who is serving a sentence, or whether he has been subject to criminal punishment for being accused, this will not affect the establishment of this crime. The crime of framed by a person who has not reached the legal age or does not have the ability to identify or control is an object that cannot be committed, and still constitutes a crime of false accusation.