It is impossible to apply the statute of limitations to his case, and no matter how many years he has escaped, he will be criminally prosecuted. According to Article 87 of the Criminal Law, the maximum penalty for his case is only three years, and the limitation of prosecution is five years. However, it cannot be applied, because the first paragraph of Article 88 of the Criminal Law stipulates that if a people's procuratorate, a public security organ or a state security organ files a case for investigation or a people's court accepts a case, it is not limited by the time limit for prosecution.
In other words, the premise of the establishment of the limitation of prosecution in China is that the public security inspection law has never filed a case for investigation or trial, and the case has been filed for investigation, so it is impossible and impossible to apply the limitation of prosecution in the criminal law. So if he wants to escape, he will be a fugitive and a wanted man all his life. It can never be "nothing".
It is impossible to close all cases by catching the principal offender or other accomplices or making a judgment. According to the provisions of the Notice of the Supreme People's Procuratorate Ministry of Public Security and the Supreme People's Court on How to Deal with the Case of * * * with an accomplice at large, the criminal facts of the detainees have been ascertained, and the evidence is true and sufficient. Public prosecution is initiated in accordance with the procedures stipulated in the Criminal Procedure Law, and conviction and sentencing are imposed. If, after being arrested and brought to justice, the escaped accomplice is found to have other undecided crimes, the newly discovered crimes can be prosecuted and sentenced in accordance with the litigation procedures stipulated in the Criminal Procedure Law.
That is to say, before the last accomplice is caught, although the previous judgment took effect, if a new crime is discovered, the undiscovered judgment of the accomplice who was caught before can still be judged.
This kind of situation can be prosecuted forever, and there is no possibility for fugitives to escape punishment. It is foolish to expect the time of escape and the conclusion of the case to avoid prosecution. If you can escape punishment, who will turn himself in? You think the legislature, the government and the public security law are so stupid. Is this possible?
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The case of extortion 1000 yuan belongs to a very minor criminal offence, which is between the critical point of crime and the general violation of the law.
According to Article 274 of the Criminal Law, whoever extorts or 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.
The Supreme People's Court's "Provisions on the Criteria for Determining the Amount of the Crime of Extortion" stipulates that "extortion of public or private property with a large amount" ranges from 1000 yuan to 3,000 yuan.
In other words, if the amount of extortion in this case is less than one yuan, 999 yuan certainly does not constitute a crime and will not be sentenced. According to the public security punishment law, only administrative punishment, fines or public security detention can be carried out.
If it is a big city, such as Shanghai, the amount is relatively large, starting from 3000 yuan. If he extorts 2999 yuan in Shanghai, it does not constitute extortion, and he can only be fined and detained in public security.
Therefore, what is certain is that even the principal offender in this case may be given a light sentence. If the principal offender is a first-time offender and has surrendered himself or rendered meritorious service, he may even be sentenced to probation without actually serving his sentence. If you are an accomplice, a first-time offender, surrender or meritorious service, if you are sentenced to prison, the judgment is problematic.
As his brother, you should persuade him to surrender or make meritorious service. If he doesn't want to surrender, you can take the initiative to report the case and send your brother to surrender, which is also considered surrender.
Article 1, paragraph 1, item 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in Handling Cases of Surrender and Meritorious Service stipulates: It is not out of the initiative of the criminal suspect, but by persuasion and accompanying by relatives and friends; If the public security organ notifies the relatives and friends of the criminal suspect, or after the relatives and friends take the initiative to report the case, it shall also be regarded as surrender.
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Legal basis: criminal law
/item/fagui ku/xingf/r 10 10 . html
Section 8 restrictions
Article 87 A crime that exceeds the following time limit shall not be prosecuted:
(1) Five years have passed if the statutory maximum penalty is less than five years of fixed-term imprisonment;
(2) Ten years if the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years;
(3) Fifteen years if the statutory maximum penalty is fixed-term imprisonment of not less than ten years;
(4) Twenty years have passed if the maximum legal punishment is life imprisonment or death penalty. 20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval.
Article 88 A people's procuratorate, a public security organ or a state security organ, after placing a case on file for investigation or a people's court accepts a case, evades investigation or trial, and is not limited by the time limit for prosecution.
If the victim files a complaint within the time limit for prosecution, the people's court, the people's procuratorate or the public security organ shall file a case but not file it, and it is not limited by the time limit for prosecution.
Article 274 Whoever extorts or 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.
Legal basis 2: Notice of the Supreme People's Procuratorate Ministry of Public Security and the Supreme People's Court on how to handle the case of * * * having an accomplice at large.
/law/law_view.asp？ id=24 1 1
(2) If an accomplice is at large, and the criminal facts of the detainee have been ascertained, and the evidence is true and sufficient, he shall be prosecuted, convicted and sentenced in accordance with the litigation procedures stipulated in the Criminal Procedure Law.
If, after being arrested and brought to justice, the escaped accomplice is found to have other undecided crimes, the newly discovered crimes can be prosecuted and sentenced in accordance with the litigation procedures stipulated in the Criminal Procedure Law. The people's court shall make a judgment in accordance with Article 65 of the Criminal Law and the relevant provisions of the Decision of the NPC Standing Committee on Handling Offenders and Reeducation-through-Labor Personnel who have escaped or re-committed crimes.
Legal basis 3: Provisions of the Supreme People's Court on the determination standard of the amount of extortion.
/proedu/flxy/lszg/flfg/flfg 08 1003 . htm
(May 2000.12 Fa Shi [2000]No. 1 1)
According to Article 274 of the Criminal Law, the determination of the amount of the crime of extortion is as follows:
First, extortion of public and private property "a large amount", starting from one thousand yuan to three thousand yuan;
Two, extortion of public and private property "huge", the starting point is 1 10 thousand yuan to 30 thousand yuan.
The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the actual situation in the region, study and determine the specific amount standards for the crime of extortion in the region, and report it to the Supreme People's Court for the record.
Legal Basis 4: Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in Handling Cases of Surrender and Meritorious Service.
http://www.chinacourt.org/flwk/show.php? file _ id = 30 190
Article 1 According to the provisions of the first paragraph of Article 67 of the Criminal Law, a person who voluntarily surrenders himself after committing a crime and truthfully confesses his crime is self-surrender.
(1) Surrender refers to voluntarily surrendering directly to the public security organ, the people's procuratorate or the people's court when the judicial organs have not discovered the criminal facts or suspects, or have not interrogated the suspects or taken compulsory measures.
The criminal suspect surrenders himself to his unit, urban and rural grassroots organizations or other relevant responsible personnel; Due to illness, injury or in order to mitigate the consequences of the crime, the criminal suspect entrusts others to surrender first, or surrenders himself by telegram; The criminal act was not discovered by the judicial organs, but after being questioned and educated by the relevant organizations or judicial organs because of suspicious behavior, he voluntarily confessed the facts of the crime; Escaping after committing a crime and voluntarily surrendering himself in the process of being wanted and pursued; Those who are prepared to surrender after verification, or who are arrested by the public security organs on the way to surrender, shall be deemed to surrender.
Not out of the initiative of the criminal suspect, but persuaded and accompanied by relatives and friends to surrender; If the public security organ notifies the relatives and friends of the criminal suspect, or after the relatives and friends take the initiative to report the case, it shall also be regarded as surrender.
If a criminal suspect escapes after voluntarily surrendering, it cannot be considered as surrender.