Article 274 of the Criminal Law stipulates that whoever extorts public or private property in a relatively 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 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. Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Extortion stipulates that if the amount of public or private property is between 2,000 yuan and 5,000 yuan, between 30,000 yuan and 100,000 yuan, between 300,000 yuan and 500,000 yuan, The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government, which should be deemed as "relatively large amount", "huge amount" and "especially huge amount" as stipulated in Article 27, can jointly study and determine the specific amount standards implemented in their respective regions within the scope of the amount stipulated in the preceding paragraph according to the local economic development and social security, and report them to the Supreme People's Court and the Supreme People's Procuratorate for approval.
What are the conditions for the crime of extortion?
The constitutive conditions of the crime of extortion are:
1, object element. The crime of extortion is a complex object, which not only violates the ownership of public and private property, but also harms the personal rights or other rights and interests of others.
2. objective factors. The crime of extortion is objectively manifested as the behavior of the perpetrator forcing the victim to hand over property by means of threats, extortion and intimidation;
3. Subjective factors. The crime of extortion is subjectively manifested as direct intention;
4. the subject. General subjects.
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Legal basis: Article 274 of the Criminal Law of People's Republic of China (PRC).
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.