Research On The False Statements Of Victim

The evidence is the soul and foundation of false statements of the victim is one of the most important in criminal proceedings. Investigated for criminal activities generally begin with statements from victims, found evidence of crime or the suspect accused often stems from this. In general, the victim should be objective and true statement, but as a subjective statement, sometimes truth and falsity are often co-exist. Judicial practice, the victims for various reasons, in the investigation with the judiciary has made false statements contrary to the objective facts of the present case is true. Jin original victims, but in the larger amounts of stolen property, as aggravating suspects, deliberately exaggerating when crimes reported to the judicial authorities and ordered others to commit perjury, during the hearing on the case raised no less controversial. The first is whether a particular act constitutes a crime gold, but after the guilty verdict in court, the focus of controversy has focused on what constitutes the crime of false accusation or perjury, or otherwise set up other crimes. Based on the article with case and judicial practice of dealing with such cases in-depth analysis of the final act of a metal to be a recognized.The article is divided into three parts:first, the focus of controversy as to the behavior of jin constitutes crime or not, and the behavior of jin that how to convict. Analysis the behavior of Jin is victim,and then he does not commit malicious accusation. Jin exaggerate the amount of acts of crime victim which do not constitute a false accusation against. The analysis of the disputes of false statement of the victim on the theory of criminal law. Combining with the case put forward the own views, and then, the court ruled that the legitimacy of the rationality of evaluation. Finallly, through the analysis and study of jin, leads to the lack of relevant laws and regulations in China at present, Combining with the current judicial, put forward the own suggestion.