1. Whoever extorts a large amount of public or private property or extorts it repeatedly 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.
2. Whoever extorts public or private property for a huge amount or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined.
3. Whoever extorts or extorts public or private property, if the amount is especially huge or there are other particularly serious circumstances, shall be sentenced to fixed-term imprisonment of not less than 10 years and fined.
For the crime of extortion, the sentencing standard is more specific and detailed. According to the sentencing guidance of the Supreme Court, the details are as follows:
1. If the crime of extortion is constituted, the starting point of sentencing can be determined within the corresponding range according to the following different situations:
(1) If the amount reaches a large threshold, or if extortion is carried out three times within two years, the starting point of sentencing can be determined within the range of fixed-term imprisonment and criminal detention of less than one year.
(2) If the amount reaches a huge starting point or there are other serious circumstances, the starting point of sentencing can be determined within the range of fixed-term imprisonment of more than three years and less than five years.
(3) If the amount reaches a particularly huge starting point or there are other particularly serious circumstances, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than 10 years but not more than 12 years.
2. On the basis of the starting point of sentencing, the amount of punishment can be increased and the benchmark punishment can be determined according to the amount and frequency of extortion, the severity of the crime and other criminal facts that affect the composition of the crime.
3. After the benchmark punishment is determined, the final punishment shall be determined according to the sentencing circumstances such as whether the suspect surrenders.
How to judge the crime of extortion depends on the specific case, such as the size, frequency and means of extortion, whether there are factors such as surrender, confession, return of stolen goods and compensation. The existence and severity of these factors have a great influence on whether the criminal suspect can be given a lighter punishment. When necessary, professional criminal defense lawyers can be entrusted to provide help, collect relevant evidence materials and properly handle related matters.