Sentencing for the crime of extortion: whoever extorts public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control; 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.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Extortion and Blackmail
French interpretation [20 13]No. 10
In order to punish the crime of extortion according to law and protect the rights of public and private property, according to the relevant provisions of the Criminal Law of People's Republic of China (PRC) and the Criminal Procedure Law of People's Republic of China (PRC), some issues concerning the application of law in handling criminal cases of extortion are explained as follows:
Article 1 Whoever extorts or extorts public or private property in an amount of more than 2,000 yuan but less than 5,000 yuan, more than 30,000 yuan but less than 100,000 yuan, and more than 300,000 yuan but less than 500,000 yuan shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 274 of the Criminal Law respectively.
The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the local economic development and social security, jointly study and determine the specific amount standards implemented in their respective regions within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for approval.
Article 2 Under any of the following circumstances, the standard of "large amount" may be determined according to 50% of the standard stipulated in Article 1 of this Interpretation:
(1) Having received criminal punishment for extortion;
(2) Having received administrative punishment for extortion within one year;
(three) blackmail minors, disabled people, the elderly or people who have lost the ability to work;
(4) Threatening to extort money by committing crimes that endanger public security, such as arson and explosion, or crimes that seriously violate citizens' personal rights, such as intentional homicide and kidnapping;
(five) extortion in the name of evil forces;
(6) extorting money by using or pretending to be a staff member of a state organ, a soldier, a reporter and other special identities;
(7) Causing other serious consequences.
Article 3 Whoever extorts money for more than three times in two years shall be deemed as "multiple extortion" as stipulated in Article 274 of the Criminal Law.
Article 4 Extortion of public or private property falls under any of the circumstances specified in Items (3) to (7) of Article 2 of this Interpretation. If the amount reaches 80% of the "huge amount" and "especially huge amount" as stipulated in Article 1 of this interpretation, it can be recognized as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 274 of the Criminal Law respectively.
Article 5 If the amount of extortion is relatively large, and the perpetrator pleads guilty, repents, returns stolen goods or makes restitution under any of the following circumstances, it may be deemed that the circumstances of the crime are minor, and the relevant departments shall not prosecute or be exempted from criminal punishment according to law:
Having a statutory lenient punishment;
(two) did not participate in the distribution of stolen goods or less stolen goods and not the principal;
(3) the victim understands;
(4) Other circumstances are minor and harmless.
Article 6 Whoever extorts money from close relatives and obtains forgiveness is generally not considered a crime; If it is found to be a crime, it shall be treated leniently as appropriate.
If the victim is at fault for the occurrence of extortion, he may be lenient with the perpetrator as appropriate according to the degree of the victim's fault and other circumstances of the case; If the circumstances are obvious, minor and harmless, it is not considered a crime.
Article 7 knowingly providing credit cards, mobile phone cards, communication tools, communication transmission channels and network technical support to others. , should be punished for * * *.
Article 8 The defendant who commits the crime of extortion shall be sentenced to a fine of more than 2,000 yuan and less than 2 times; If the defendant fails to obtain property, he shall be fined between 2,000 yuan and 100,000 yuan.