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2023-12-19

| What Constitutes the Crime of False Accusation?

The crime of false accusation primarily aims to ensure the normal functioning of the judicial system and curb the abuse of legal procedures. Such abuse might include levying false charges against others to achieve personal vengeance, seek retribution, or tarnish someone's reputation. This behavior not only wastes the time and resources of judicial authorities but can also cause serious harm to the accused. Moreover, when an individual is falsely accused, their reputation and rights can be severely damaged, potentially leading to unjust punishment. This not only harms the victim's rights but also damages the overall fairness and justice in society. Therefore, the existence of the crime of false accusation is intended to prevent false allegations from causing unjust impacts on individuals and society.

 

【Elements of the Crime of False Accusation】

The elements of the crime of false accusation can be discussed from both subjective and objective perspectives legally, as summarized in the table:

Subjectively Intentional

The act of false accusation must be "intentional," meaning there is a deliberate use of false information to make statements or accusations against someone, with the aim of harming the individual or causing them to face criminal or disciplinary actions.
 
Reminder: Simple misunderstandings or accusing the wrong person do not constitute the crime of false accusation!

Objectively Behavioral

  1. The content expressed by the perpetrator is not merely a misunderstanding or reasonable inference, but rather fabricated or fictitious facts.
  2. Directed towards public officials, such as judges, prosecutors, etc.
  3. The fabricated factual content could potentially lead to criminal penalties for others.

 

According to the relevant provisions of the criminal law, the crime of false accusation can be divided into different categories, as follows:

  1. General False Accusation (Article 169 of the Criminal Code): "Whoever, intending that another person shall be subjected to criminal or disciplinary penalties, falsely accuses him or her to the competent public officer, shall be sentenced to imprisonment for not more than seven years. The same applies to anyone who, with the same intention, forges or alters evidence, or uses forged or altered evidence."
  2. Aggravated False Accusation (Article 170 of the Criminal Code): "Whoever commits the crime described in the preceding article with the intention of framing a direct blood relative or lineal relative shall have their punishment increased by one half."
  3. Unspecified Offender False Accusation (Article 171 of the Criminal Code): "Whoever, without specifying the offender, falsely accuses someone of a crime to the competent public officer, shall be punished with imprisonment for not more than one year, detention, or a fine of not more than three hundred yuan. The same applies to anyone who, without specifying the offender, forges or alters criminal evidence, or uses forged or altered criminal evidence, thereby initiating criminal prosecution procedures."

 

【Case Background】

On busy roads, it is common to see volunteer traffic police in orange vests diligently assisting the police in directing traffic. The public generally follows the instructions of these volunteers. Consequently, some private construction and engineering companies, recognizing the authority of these volunteers in traffic management, negotiate with the volunteer squad to dispatch members to assist with traffic maintenance for their projects, facilitating smoother progress.
 
Therefore, private construction companies discussed traffic maintenance contracts with the volunteer squad leader and the former secretary, agreeing that the volunteer squad would dispatch members to maintain traffic and charge fees, which would then be distributed to the volunteers actually performing the work. However, volunteers A and B from the squad, upon receiving withholding slips from the construction company, noticed discrepancies and suspected that the squad leader, with the former secretary, had defrauded the company using false timesheets and had embezzled police traffic assistance subsidies, especially in areas overlapping with their police-assisted traffic duties.
 
Volunteers A and B reported these suspicions to the judicial and police authorities. However, the prosecutor found that the volunteer squad leader had not participated in contracting private projects, had not used false timesheets to defraud the construction company, and had not embezzled police subsidies. Therefore, the squad leader was not prosecuted. In turn, the squad leader accused volunteers A and B of false accusation, and after investigation, the prosecutor filed a public lawsuit against A and B for the crime of false accusation.

 

【Court Decision: Winning Verdict】

In this case, the prosecutor believed that the volunteer squad leader had not conspired with the former secretary to contract traffic maintenance work with the construction company, had not used forged or false timesheets to defraud the construction company, and had not embezzled police subsidies. The prosecutor's decision not to prosecute served as evidence of the squad leader's innocence. Defendants Volunteer A and B knew that the squad leader had not contracted with the construction company and were aware that the company had transferred money to the former secretary's account, from which the secretary distributed salaries for the traffic maintenance work. How else could Defendants A and B have received their salaries? Therefore, despite knowing the squad leader was not involved, Volunteer A and B falsely fabricated facts with the intent of having the squad leader criminally punished, meeting the subjective and objective elements of the crime of false accusation, leading to a public lawsuit against them.
 
However, upon further investigation, it was found that Defendants Volunteer A and B were merely questioning the discrepancy between the amounts received and the withholding slips. Their report of suspected criminal activity was intended to urge the prosecution office to uncover the truth. Moreover, given the close relationship between the volunteers and the police, they had requested the case be investigated by the Bureau of Investigation, hoping for clarity and truth, without the subjective intention of causing criminal prosecution. The discrepancy between the withholding slips and the actual amounts received led them to reasonably suspect embezzlement of funds. According to the Supreme Court's precedents, this does not constitute the objective element of false accusation. Finally, the court adopted the arguments presented by our firm and ruled in favor of the defendants.

 

Reference：Criminal Code - Chapter Ten: Perjury and False Accusation Crimes

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