How to identify the crime of alleged extortion?

First, how to identify the crime of alleged extortion? In judicial practice, we should pay attention to the following problems: (1) The extortion of the perpetrator is the key to this crime. The so-called extortion refers to the act of extorting other people's property by means of threats or blackmail. There are three points to grasp here: 1. The content of threats or intimidation can be violence against people, destruction of property, damage to others' personality and reputation, disclosure of privacy, violation of discipline and law, etc. The object threatened by the actor can be the owner, holder or manager of the property, or other people who have an interest with them; 2. The function of threat or coercion is to force the victim's spirit, make him afraid, and be forced to hand over property within a certain period of time or on the spot; 3. There is no limit to the way of threats and intimidation, which can be carried out in front of the victim, or by other means such as letters, telephone calls or others' transmission, as long as the victim knows. (2) It is necessary to extort a large amount of property to constitute this crime. According to the relevant judicial interpretation, the amount of this crime is relatively large, ranging from 2,000 yuan to 5,000 yuan. Extortion that does not meet this amount standard can only be punished by the public security. (3) The form of this crime is intentional, and the purpose is to illegally possess public or private property. If the perpetrator wants back his property illegally occupied by others or his debts by threats or coercion, he cannot be convicted of this crime because he has no intention to commit this crime. (4) Whoever commits this crime 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 more than three years 10. 2. Can I get bail pending trial if I am suspected of extortion? Criminal detention: Article 65 of the Criminal Procedure Law clearly stipulates that the people's courts, people's procuratorates and public security organs may obtain bail pending trial for criminal suspects and defendants under any of the following circumstances: (1) Those who are sentenced to public surveillance, criminal detention or independently apply supplementary punishment; (two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger; (3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger; (four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial. Bail pending trial and residential surveillance shall be carried out by public security organs. Arrested: Article 96 of the Criminal Procedure Law A criminal suspect may hire a lawyer to provide him with legal advice, represent him in complaints and accusations after the first interrogation by the investigation organ or from the date when compulsory measures are taken. If the suspect is arrested, the lawyer hired can apply for bail pending trial. In cases involving state secrets, the criminal suspect's employment of a lawyer shall be approved by the investigation organ. According to the above provisions, it can be seen that during criminal detention, it is impossible to apply for bail pending trial, and the arrested person can have a lawyer to apply for bail pending trial. For the crime of extortion, in fact, there are provisions on the amount, that is to say, if the amount actually reaches the prescribed amount or conforms to the statutory circumstances, then it may be identified as this crime. Otherwise, it can only be handled in accordance with general illegal acts. The punishment given to the blackmailer at this time belongs to public security punishment, not criminal punishment.