Question 2: What does extortion mean? Threaten by relying on power or seize the handle to obtain property by threatening means. The crime of extortion refers to the act of extorting public or private property by threatening or coercing the victim for the purpose of illegal possession.
Question 3: What does extortion mean? 1. The crime of extortion refers to the act of extorting public or private property by threatening or coercing the victim for the purpose of illegal possession.
Second, extortion is a compound word. Blackmail and extortion have similar meanings, both of which use violence, intimidation, or abuse of law or official authority to ask for property from unwilling people.
Third, the constituent elements:
1. Object elements: The object infringed by this crime is a complex object, which not only infringes on the ownership of public and private property, but also harms the personal rights or other rights and interests of others. This is one of the remarkable characteristics that distinguish this crime from theft and fraud. The object of this crime is public and private property.
2. Objective elements: The objective aspect of this crime is that the perpetrator forces the victim to hand over the property by means of threats, blackmail and intimidation. Extortion only constitutes a crime in the case of a large amount or repeated extortion. .
3. Subject elements: The subject of this crime is the general subject. Any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime.
4. Subjective elements: Subjectively, this crime is direct and intentional, and it must have the purpose of illegally extorting property from others. If the actor does not have this purpose, or the purpose of asking for property is not illegal, for example, the creditor uses threatening language to repay the overdue debt and urges the debtor to speed up the repayment, it does not constitute the crime of extortion.
4. The law stipulates: Article 274 of the Criminal Law of People's Republic of China (PRC) extorts public or private property, and if the amount is relatively large or extorts repeatedly, he 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; 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.
Question 4: What does extortion mean? Blackmail refers to taking advantage of the privacy weakness of others, that is, the handle of others to defraud others of their money. Now many mobile phones have some ransomware, and many netizens have installed Tencent Mobile Manager on their mobile phones for protection, covering virus killing, software management, space management, health management, traffic management and other management scenarios to help you quickly optimize your mobile phone.
Question 5: What do the crimes of extortion and fraud mean? The combined punishment of extortion and fraud depends on the situation. 20. Life imprisonment varies.
Question 6: Under what circumstances is extortion? 10 is not.
The crime of extortion refers to the act of coercing or threatening to ask for public or private property for the purpose of illegal possession.
Judging from the situation you described, it is still a problem of land rights transfer ―― nothing more than a problem of state-owned land and collective land.
If the other party misbehaves when asking you to write an IOU, please describe it in detail and let me help you judge.
Above.
Question 7: What is the crime of extortion and how to correctly identify it? The crime of extortion refers to the act of extorting public or private property by threatening or coercing the victim for the purpose of illegal possession. Article 274 of China's Criminal Law stipulates that 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 public surveillance; 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. To correctly identify the crime of extortion, we should mainly look at the four elements of this crime: (1) Object Elements The object violated by this crime is a complex object, which not only infringes the ownership of public and private property, but also harms the personal rights or other rights and interests of others. This is one of the remarkable characteristics that distinguish this crime from theft and fraud. The object of this crime is public and private property. (II) Objective Elements This crime is objectively manifested as an act of forcing the victim to hand over property by means of threats, coercion or intimidation. "Threatening" refers to forcing the victim to dispose of the property by warning of evil, that is, if the property is not disposed of according to the requirements of the actor, it will suffer disaster at some time in the future. "Blackmail" usually refers to grasping some handles of the victim or making some excuse to force him to deliver property, such as threatening to expose illegal and criminal facts such as corruption and theft or corrupt life style. There are three different situations between extortion and others delivering property: 1. The perpetrator requires the victim to deliver the property at the designated time and place, otherwise the content of his threat will be realized in the future. 2. When facing the victim, the perpetrator threatened violence on the spot and asked him to promise to deliver the property at the designated time and place. 3. The perpetrator threatened to infringe on the victim in the future and demanded to deliver the property on the spot. This shows that for the crime of extortion, it is absolutely impossible for the perpetrator to threaten others with the content of realizing the threat on the spot and illegally occupy other people's property on the spot, which is also a significant difference between this crime and robbery. (III) Subject Elements The subject of this crime is the general subject. Any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. (IV) Subjective Elements Subjectively, this crime is characterized by direct intention and must have the purpose of illegally extorting other people's property. If the actor does not have this purpose, or the purpose of asking for property is not illegal, for example, the creditor uses threatening language to repay the overdue debt and urges the debtor to speed up the repayment, it does not constitute the crime of extortion. The above is a brief introduction to the concept and identification of the crime of extortion. In practice, it is necessary to judge whether the extortion committed by the perpetrator constitutes the crime of extortion, mainly from the four elements of the crime of extortion. In addition, it is necessary to draw a clear legal boundary between accomplished and attempted extortion, because the law has different sentencing standards for accomplished and attempted crimes. If the perpetrator's behavior is attempted extortion, he may be given a lighter punishment in accordance with the provisions of the crime of extortion. Therefore, the defendant had better entrust a professional criminal defense lawyer to defend him, and the lawyer will try his best to win leniency for the defendant.
Question 8: What are the characteristics of fraud and extortion? 1. Subjectively, both of them are illegal possession without purpose, which makes the victim have psychological changes through specific behavioral means, and then disposes of the property. The difference is that the victim of fraud is the property that is punished based on misunderstanding, while the victim of extortion is the property that is punished based on psychological fear. The criminal law distinguishes this crime from that crime because the subject of fraud usually does not cause harm to life, while the crime of extortion may cause harm to people, which is also based on the comprehensive evaluation and consideration of the victim's psychological factors.
2. The crime of fraud is to dispose of property when the victim has a wrong understanding. This kind of disposal should be voluntary and there is no psychological compulsion. Extortion, on the other hand, is threatening the property, personal safety and reputation of oneself or relatives and friends, forcing the victim to dispose of the property, which is not free, or psychologically compulsory and involuntary.
3. In real life, people's behavior is not clearly defined in the criminal law, because the reality is complicated and people are complicated. Regarding telecom fraud, the phone said that the victim was suspected of money laundering and asked the victim to transfer the money to the corresponding "safe account". As a result, the victim did the same, and the perpetrator realized the actual possession of the money, and the crime was completed. Here, let's analyze:
(1). Subjective condition: the actor aims at illegal possession.
(2) Subject requirements: The criminal suspect is an adult with full criminal responsibility and meets the constitutive requirements of the criminal subject.
(3), objective conditions: the behavior subject implements specific behavior means, which makes the victim have psychological changes, and the victim has a wrong understanding based on the wrong information, and then disposes of the property.
(4) Object: The object of crime is people's property safety.
Based on the above analysis, there is no doubt that the subject of this case constitutes fraud. As for some people who say that the victims also have psychological fears, isn't this blackmail? The psychological fear of the victim of extortion is directly related to the coercion of the perpetrator. In this case, the reason why the victim was afraid was that he was afraid of investigation by the public security organs and that he was afraid of false accusation and frame-up. And there is no compulsion on the subject, such as what will happen to us if you don't hand over the property. The psychological fear of the victim is not directly related to the behavior of the subject. Therefore, it is difficult for this case to constitute a crime of extortion. The behavior of the post-actor makes the victim transfer the property with relevant remarks, which fully meets the constitutive requirements of fraud.
4. Relevant case analysis
A calls B and says: Your son has been kidnapped by me. Pay a ransom of100000 immediately, or you will kill the ticket. In fact, A didn't kidnap B's son. However, a certain B was very scared after answering the phone, so he prepared100000 yuan for work and put it in the designated place. After the son of a certain B came home, he was asked that there was no kidnapping. The second person reported the case.
In this case, A coerces B to pay the ransom, otherwise it will kill the ticket, which will make B feel psychological fear and then dispose of the property, which obviously constitutes the crime of extortion, no problem. However, A did not actually kidnap B's son, and the psychological factor of B's disposition of property is obviously a wrong understanding, which obviously conforms to the constitutive requirements of fraud. This is the imaginative joinder of offenses in the general principles of criminal law. The principle of punishment is to choose felony punishment.
Question 9: What is the standard of extortion? 30 points 1. The actor is a general criminal subject, that is, a natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility.
2. The actor must use threats or threats to extort property, which is the most important feature of the crime of extortion. Threatening and blackmail refers to the psychological fear and pressure caused by mental coercion to the victims and their relatives. There are many ways to threaten or coerce, such as violence; Expose privacy and criminal activities; Reputation, threats, and so on. Its form can be written, oral or conveyed by a third party; It can be express or implied. When demanding other people's property, you can force the other party to hand it over on the spot or within a time limit. In short, it is through the mental coercion of the owners and custodians of public and private property that they are afraid of difficulties and have to hand over their property.
3. The actor must have the purpose of illegally possessing other people's property. If it is for other purposes, such as the creditor threatening the debtor to collect debts, it does not constitute this crime.
Whoever commits the crime of extortion shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; 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. The "other serious circumstances" mentioned here mainly refer to recidivism or recidivism of extortion; Blackmailing public or private property with a huge amount; Pretending to be a state functionary for extortion; The circumstances of extortion are particularly bad or cause serious consequences.
In practice, we should pay attention to the distinction between the crime of extortion and robbery: because the threat of violence is a means of extortion and a means of forced robbery, the two are easily confused, but the threat of extortion only makes the victim feel scared and hand over public and private property, so the victim still has a considerable degree of freedom of will and there is still room for delay. In the robbery, the personal safety of the victim is threatened by reality, and there is no room for delay. Attention should be paid to the boundary between this crime and the crime of kidnapping: this crime is to force the victim to deliver property by threats or coercion, while the crime of kidnapping is to kidnap and take hostages to restrict their freedom and threaten their families or units to deliver property by killing or injuring the kidnapped person.
Question 10: What's the difference between asking for money and extortion? The crime of extortion refers to the act of extorting public or private property by threatening or coercing the victim for the purpose of illegal possession.
First, asking for property is not illegal possession.
Second, don't use threats or intimidation to ask for money.
The so-called blackmail means usually refers to grasping some handles of the victim or making some excuses to force him to deliver property, such as threatening to expose illegal and criminal facts such as corruption and theft or lifestyle corruption.
Threat refers to forcing the victim to dispose of the property in the form of bad police, that is, if the property is not disposed of according to the requirements of the actor, it will suffer evil at some point in the future.
Third, extortion of public or private property must be a large amount or repeated extortion to constitute a crime. Blackmailing public and private property is "large", ranging from 1000 yuan to 3000 yuan.