After the economist taught the stewardess a lesson, so did the popular artists: How to define the crime of extortion? Before I became a lawyer, I didn't expect that a peaceful breakup might turn a man into a rapist, and a woman who tore a fourth grade might turn into extortion. There is only one lawyer between love and crime.
The man's lawyer said that the woman was detained on suspicion of extortion, and the child's family said that the man demanded compensation before returning to China-the routine was arrested and the lawyer's voice was false. The probability is: who raised the money first.
The woman's family is worried that her daughter will face more than 10 years in prison, that is, the amount in the criminal law is particularly huge or the circumstances are particularly serious. Since she was arrested at Beijing airport, I have checked the regulations on extortion in Beijing-"Several Opinions of Beijing Higher People's Court on Applying Judicial Interpretation in Handling Criminal Cases of Extortion".
As for the amount, it is written as follows: when trying criminal cases of extortion stipulated in Article 274 of the Criminal Law, the standard of "large amount" is more than 3,000 yuan, the standard of "huge amount" is more than 60,000 yuan, and the standard of "extremely huge amount" is more than 400,000 yuan.
If the circumstances are particularly serious, it should be combined with the Supreme People's Court and the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Extortion and Blackmail:
Article 4 Extortion of public or private property falls under any of the circumstances specified in Items (3) to (7) of Article 2 of this Interpretation. If the amount reaches 80% of the "huge amount" and "especially huge amount" as stipulated in Article 1 of this interpretation, it can be recognized as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 274 of the Criminal Law respectively.
Article 2 Under any of the following circumstances, the standard of "large amount" may be determined according to 50% of the standard stipulated in Article 1 of this Interpretation:
(1) Having received criminal punishment for extortion;
(2) Having received administrative punishment for extortion within one year;
(three) blackmail minors, disabled people, the elderly or people who have lost the ability to work;
(4) Threatening to extort money by committing crimes that endanger public security, such as arson and explosion, or crimes that seriously violate citizens' personal rights, such as intentional homicide and kidnapping;
(five) extortion in the name of evil forces;
(6) extorting money by using or pretending to be a staff member of a state organ, a soldier, a reporter and other special identities;
(7) Causing other serious consequences.
Taken together, it can be concluded that if the simple amount is relatively large, the amount of the woman detained on suspicion is more than 400,000 yuan, while if there are other particularly serious circumstances, it is more than 320,000 yuan, and if it meets the high standards of the Supreme Law, it is also 400,000 yuan. However, this plot is difficult to determine. The third to sixth items have nothing to do with labor loss and evil forces, and can only take into account other serious consequences: affecting her acting career and economic income, but whether she can be identified depends on this. According to the Supreme Law "Guiding Opinions on Sentencing for Joint Crimes", if the amount is extremely huge, the starting point of sentencing shall be determined between 10 and 12.
Whether Wu offered the money or Li asked for it became the key to criminal proceedings. When the order changes, the nature changes, but only they know how to speak. As for whether there is a lawyer's guidance, it depends on the consciousness and nature at that time.