legal ground
Article 36 Relevant personnel of defense lawyers may provide legal aid to criminal suspects during investigation; Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.
Article 37 Relevant personnel of defense lawyers may meet and correspond with criminal suspects and defendants in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody.
Second, the sentencing and punishment of extortion.
Article 274 of the Criminal Law of People's Republic of China (PRC) stipulates that whoever extorts public or private property in a large amount or repeatedly extorts it 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 3 years 10 years and fined; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 and fined. (Revised according to the Eighth Amendment of the Criminal Law)
On the 26th, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Extortion and Blackmail, which explained nine articles and intensified the crackdown.
The judicial interpretation mainly stipulates the criteria for determining the crime of extortion, such as large amount, huge amount, especially huge amount, the criteria for determining the crime of extortion, the criteria for determining the crime of extortion for many times, the criteria for determining the crime of extortion, the criteria for determining other serious circumstances and other particularly serious circumstances, and the criteria for fines for extortion.
To sum up, extortion is to extort property by means of intimidation or threat for the purpose of illegal possession. For this kind of behavior, they must bear criminal responsibility, but for criminal suspects, they also have the right to ask legal personnel to help them defend themselves, and legal personnel have played a great role in the case, using legal provisions to defend themselves in order to mitigate the crime. It must be useful. After criminal detention, it will enter the investigation stage of criminal proceedings. A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures. During the investigation, he can only entrust legal personnel as defenders. Article 33 of the Criminal Procedure Law: A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures. During the investigation, only legal personnel can be entrusted as defenders. Article 35 A defender shall, according to facts and laws, put forward materials and opinions on the innocence, light crime or reduction or exemption of criminal responsibility of a criminal suspect or defendant, and safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant. Article 36 Relevant personnel of defense lawyers may provide legal aid to criminal suspects during investigation; Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions. Article 37 Relevant personnel of defense lawyers may meet and correspond with criminal suspects and defendants in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody. This law is based on the Criminal Procedure Law.