After the stolen goods are recovered for the crime of extortion, the person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely 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. If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years and shall also be fined, and may be given a lighter or reduced punishment.
What is the difference between the crime of forced transaction and the crime of extortion?
1. The objects are different. The objects violated by this crime are complex objects, that is, the market transaction order and the personal rights, property rights or other legitimate rights and interests of others; while the objects violated by the crime of extortion are simple objects, that is, the ownership of public and private property.
2. Objective aspects are different. The perpetrator of this crime can use violence and threats against the victim, while the crime of extortion can only use threats and coercion. If the perpetrator uses violence against the victim in person, it exceeds the scope of the crime of extortion. Secondly, the perpetrator of this crime will usually pay a certain amount of money or items as a consideration after forcing the other party to conclude a transaction, while the perpetrator of the crime of extortion will possess the victim's property for free.
3. Subjective aspects are different. The perpetrators of the crime of forced transaction subjectively do it to conclude a transaction and obtain illegal benefits, while the perpetrators of the crime of extortion subjectively do it to illegally possess public and private property.
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Legal basis: "Article 274 of the Criminal Law" who extorts public or private property, and the amount is relatively large or the extortion is repeated, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely 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 particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years and shall also be fined. p>