2024/9/2 凌晨12:25
Criminal Law of the People's Republic of China
Section 2 Crimes of Obstructing Justice
Article 305 Any witness, expert witness, recorder, or translator in criminal proceedings, who
intentionally provides false testimony, expert opinions, records, or translation which are material to
the proceedings, intending to frame others or conceal criminal evidence, shall be sentenced to fixedterm imprisonment of not more than 3 years or short-term custody. If the circumstances are serious,
the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more
than 7 years.
Article 306 Where any defender or agent ad litem in criminal proceedings destroys or forges
evidence, assists a client in destroying or forging evidence, or intimidates a witness into
changing testimony deviating from the truth or committing perjury or induces a witness to commit
any of the aforementioned acts, the offender shall be sentenced to fixed-term imprisonment of not
more than 3 years or short-term custody. If the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
The circumstance where the witness testimony or other evidence provided, presented, or quoted by
a defender or an agent ad litem is inaccurate but not deliberately forged shall not be considered
forgery of evidence.
Article 307 Whoever, by violence, threat, bribery or other means, hinders a witness from testifying
or asks another person to commit perjury shall be sentenced to fixed-term imprisonment of not
more than 3 years or short-term custody. If the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Whoever assists a client in destroying or forging evidence, if the circumstances are serious, shall be
sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
A judicial officer who commits a crime as prescribed in the preceding two paragraphs shall be given
a heavier punishment.
Article 307a Whoever brings a civil suit with fabricated facts, thereby obstructing judicial order or
seriously infringing on the legitimate rights and interests of another person, shall be sentenced to
fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction,
and concurrently, a fine, or shall be sentenced to a fine only. If the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7
years, and concurrently, a fine.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the
directly responsible persons in charge and other directly responsible persons shall be punished in
accordance with the provisions in the preceding paragraph.
Whoever commits a crime as prescribed in the first paragraph and unlawfully takes possession of
another person's property or evades lawful debts, which constitutes another crime, shall be
convicted and punished in accordance with the provisions that specify a heavier punishment.
A judicial officer who, by taking advantage of his office, jointly commits a crime as prescribed in the
preceding three paragraphs with another person shall be given a heavier punishment. If the act also
en.npc.gov.cn.cdurl.cn/2020-12/26/c_921604_13.htm
15/40
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents