Determination of the crime of extortion;
(1) objective requirements:
First, the perpetrator carried out extortion and showed certain acts of violence, coercion and intimidation, demanding the other party to dispose of the property.
Second, the coerced person has fear. In fact, it is necessary to make the other party fear and suffer mental oppression, and the property is disposed of because of this mental oppression.
Third, the real delivery of real estate.
What is emphasized here is that the actual delivery of property, whether it is direct delivery or acquiescence of others to obtain property, is the final transfer of property.
Fourth, if the actor obtains property or a third person obtains property, the victim suffers property losses.
(2) Subjective elements: The subjective act of this crime is to illegally occupy public or private property or property interests, and deliberately force the other party to hand over the property by threats or intimidation.
legal ground
Article 274 of the Criminal Law stipulates that whoever extorts public or private property in a large amount or repeatedly extorts it 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 amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and fined.