In reality, we should pay attention to the following points in correctly identifying the crime of extortion:
(1) A large amount of extortion of property is an important constituent element of this crime.
(2) The difference between extortion and kidnapping. First of all, the crime of threatening to kidnap and extort money from others is the crime of extortion; If you kidnap a hostage and demand property on the condition of releasing the hostage, or threaten to hurt or continue to take the hostage and demand property, this situation is the crime of kidnapping.
(3) The difference between extortion and robbery. In the case that the perpetrator used violence to rob property, if the perpetrator used violence on the spot, the victim dared not resist and lost the ability to resist, and the financial robbery committed on the spot should be defined as robbery; In the case of extortion threatened by violence, the behavior of the perpetrator threatening violence and then demanding property should be convicted of extortion in the future. Therefore, the key to correctly distinguish the two crimes lies in: if you threaten violence on the spot to force the parties to pay in the future, it is a crime of extortion; Whoever robs property by violence on the spot shall be convicted and punished according to the crime of robbery.
The crime of extorting money from others is a crime of extortion, and the method of determining the crime of extortion is to take illegal possession as the purpose or to threaten others as the means.
Suspected of fraud constitutes a criminal filing standard and is suspected of fraud. The specific identification needs to be determined by the public security organ according to the specific situation.
The basic concept of the crime of fraud: the crime of fraud refers to the act of defrauding a large amount of public and private property by fabricating facts or concealing the truth for the purpose of illegal possession, which should be punished by criminal law.
The basic elements that constitute the crime of fraud: (1) On the subject, the actor must be a natural person who has reached the legal age of criminal responsibility and has criminal responsibility ability. (2) As far as the object is concerned, the crime of fraud must infringe on the ownership of other people's public and private property. (3) Subjectively, the actor must have the subjective intention of attempting illegal possession. (4) Objectively, the actor defrauded public and private property by fabricating facts or concealing the truth, and the amount of fraud was large, so he should be punished by criminal law. Two. Article 266 of the provisions of the Criminal Law on punishing the crime of fraud: whoever defrauds 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, 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 or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 234 of the Criminal Procedure Law of People's Republic of China (PRC): Public security organs, people's procuratorates and people's courts shall properly keep the property and fruits of criminal suspects and defendants that have been sealed up, detained or frozen, and make a list and transfer them with the case. No unit or individual may misappropriate or dispose of it by itself. The lawful property of the victim shall be returned in time. Contraband or articles unsuitable for long-term preservation shall be disposed of in accordance with relevant state regulations.