1, investigation, the public security organ may impose criminal detention on the current extortion criminals or main suspects. Detainees should be questioned within 24 hours after detention. A criminal suspect may hire a lawyer to provide him with legal advice, complaints and accusations after the first interrogation by the investigation organ or from the day when compulsory measures are taken. The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, to meet the criminal suspect in custody and to know the relevant information from the criminal suspect;
2. Review the prosecution. A criminal suspect suspected of extortion has the right to entrust a defender from the date when the case is transferred for examination and prosecution. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. Defense lawyers may consult, extract and copy the litigation documents and technical appraisal materials of this case from the date when the people's procuratorate examines and prosecutes the case, and may meet and correspond with the criminal suspect in custody. The people's procuratorate shall make a decision to transfer the prosecution to the public security organ within one month, and the major and complicated cases may be extended for half a month;
3. During the trial, the defense lawyer may consult, extract and copy the materials of the criminal facts accused in this case from the date when the people's court accepts the case, and may meet and correspond with the defendant in custody. At the trial, the defense lawyer defended the defendant.
The crime of extortion is dealt with in the following ways:
1, extortion of public or private property, the amount is relatively large or repeated extortion, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or shall only be fined;
2. 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;
3. 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.
The treatment of extortion is as follows:
1, can't promise each other's threats, and trust the police to provide security protection;
2. You can agree on the place and time to pay on the pretext that you have no money;
3. In sentencing all cases, we should attach importance to evidence, investigation and study, and we should not trust confessions. If you are blackmailed, try to keep relevant evidence, such as chat records, blackmail letters, text messages and other written evidence;
4. Report the case to the public security organ in time afterwards. After the alarm, provide evidence such as blackmail letter to the public security. The public security will generally give the parties a certain investigation according to whether the evidence is conclusive or not, and give them public security punishment after verification. Generally, they will be detained for more than 5 days 10 days, and may be fined up to 500 yuan.
To sum up, the crime of extortion is a kind of amount crime. If the perpetrator extorts public or private property, it must be a "large amount" to constitute the crime of extortion and be investigated.
Legal basis:
Article 274 of the Criminal Law of People's Republic of China (PRC)
Whoever extorts a large amount of public or private property or repeatedly extorts it for extortion 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.