2。 Find an insider who knows about extortion and let him testify for you;
3。 Prove that the other party made a threat and the purpose of the threat was to obtain benefits.
All the materials that can be used to prove the facts of the case are evidence.
Documentary evidence, physical evidence, audio-visual materials, etc. Such as text messages, emails, letters, etc. That can prove the threat. Such as bank remittance records, Alipay transfer records, etc. to prove that the money has been paid. Eyewitness testimony. Understand the witnesses of extortion and their testimony, etc. If you are injured, take photos of the injured part in time, and keep the photos and injury tools. Provide medical records, diagnosis certificates and medical bills for physical injuries. The victim's statement; Appraisal results; Records of police inquests and inspections can also be used as evidence. Of course, it doesn't mean that the victim can't call the police without evidence, but if there is evidence, it can facilitate the police to file a case for investigation, otherwise the police may not file a case or may not be able to find the suspect guilty in the end.
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. Whoever extorts a large amount of public or private property 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 three years but not more than ten years and shall also be fined; 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. Sentencing standard for extortion: generally, 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. 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.
The three conditions that extortion must meet are as follows:
1, the perpetrator is a general criminal subject, that is, a natural person who has reached the age of criminal responsibility and has criminal responsibility ability;
2. Objectively speaking, the actor should also conform to the specific behavior structure: threatening others, the other party's fear, the other party's disposal of property based on fear, the actor or a third party's acquisition of property, and the victim's loss of property. There are many methods of violence or coercion, such as violence; Expose privacy, illegal and criminal activities; Reputation, threats, and so on. Its form can be written or oral, and can be conveyed through a third party; It can be express or implied. When asking for other people's property, you can coerce the other party to hand it over on the spot or hand it over 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 illegal possession of 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. As long as the above three conditions are met, no matter whether extortion is completed or attempted, it meets the criteria for filing a case, and the public security organ should file a case.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 50
All the materials that can be used to prove the facts of the case are evidence. Evidence includes:
(1) Physical evidence;
(2) Documentary evidence;
(3) Testimony of witnesses;
(4) the victim's statement;
(5) confessions and excuses of criminal suspects and defendants;
(6) Appraisal opinions;
(7) Records of the inquest, inspection, appraisal, investigation and experiment;
(8) Audio-visual materials and electronic data. The evidence must be verified before it can be used as the basis for finalizing the case.