1, extortion, seizure of public or private property worth more than 1,000 yuan, or arbitrary damage or occupation of public or private property worth more than 2,000 yuan;
2, repeated extortion or arbitrary damage, occupation of public and private property, resulting in adverse social impact;
3. Blackmail or arbitrarily damage or occupy the property of mental patients, the disabled, vagrants and beggars, the elderly, pregnant women and minors, resulting in adverse social impact;
4. Causing other people's mental disorders, suicide and other serious consequences;
5, seriously affect the work, life, production and operation of others;
6. Other serious circumstances.
Violent debt collection may involve crimes of provocation, intentional injury, illegal detention, extortion and even robbery. Extortion or arbitrary destruction or possession of public or private property, if the circumstances are serious and disturb social order, may constitute a crime of stirring up trouble and be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance; Whoever gathers people for many times to commit the above-mentioned acts and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.
Second, what is "soft violence"
Acts with the following characteristics are usually suspected of soft violence: harassment, entanglement, making noise, gathering people to create momentum, etc. , enough to make others fear, panic and then form psychological coercion, or enough to affect or restrict personal freedom, endanger personal and property safety, and affect normal life, work, production and business.
The National Anti-vice Office issued four opinions on handling anti-vice cases, which involved the joint issuance and implementation of the Opinions on Several Issues Concerning Handling "Soft Violence" Criminal Cases (hereinafter referred to as the Opinions). As a means of crime, "soft violence" is just a way of behavior, not a complete criminal act in the sense of criminal law. In other words, "soft violence" can be used as a means of behavior for the crime of provocation or extortion, just as violence can be used as a means of intentional injury or illegal detention. Whether "soft violence" as a means of illegal crime can constitute a crime should also meet the constitutive requirements of specific crimes; Whether it can constitute a black and evil force should also conform to the characteristics of black and evil forces and the criteria for identifying black and evil forces.
According to the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Public Security and Ministry of Justice's Opinions on Handling Criminal Cases of Soft Violence, "Soft Violence" refers to the behavior of harassing, pestering, making noise and gathering people in relevant places in order to seek illegal interests or have illegal influence, which is enough to make others fear and panic and then form psychological compulsion, or affect or restrict personal freedom, endanger personal and property safety and affect normal.
Third, soft violence debt collection police no matter what they do
Citizens who suffer from soft violence to collect debts shall be under the jurisdiction of public security organs. If the public security organ should file a case without filing it, the party concerned may apply for administrative reconsideration.
Four, the elements of the crime of illegal debt collection are:
1. The object of this crime is the social public management order, which is embodied in fixing and realizing illegal debts by infringing on personal, residential and privacy rights and interests.
2. Objectively speaking, it is a serious act of using violence or coercion to restrict the personal freedom of others or invade others' houses, intimidating, stalking and harassing others, and collecting illegal debts generated by high-interest loans.
Five, there are three types of specific behavior.
(1) Use violence and coercion. "Violence" refers to the use of physical strength, and the degree of violence should be limited to minor injuries. According to Article 234 of the Criminal Law, whoever causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. This crime is a misdemeanor, and the statutory punishment is fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and a fine or a single fine. If serious injuries are included, it will obviously lead to an imbalance between crime and punishment. "Coercion" is the threat of using violence and revealing privacy.
(2) restrict the personal freedom of others or invade others' houses. Restricting others' personal freedom is an activity that illegally deprives others of their personal freedom and restricts others' personal freedom by means of imprisonment and detention. Breaking into another person's house refers to the act of entering another person's house without justifiable reasons, or refusing to quit after being requested by the obligee.
(3) Threatening, stalking and harassing others. This is a common means of "soft violence" in illegal debt collection, which is manifested in the verbal intimidation, stalking, stalking, blocking and harassing the personal rights and interests of the victims by one or several people. It should be noted that the victims of illegal dunning may be the so-called debtor himself, or his parents, children, colleagues and other relatives and friends.
The debts collected are "illegal debts". Illegal debts are debts that are not protected by law. In addition to the illegal debts generated by high-interest loans, the common illegal debts in judicial practice include gambling debts, whoring money, drug money and black money generated by buying and selling drugs, guns and other prohibited items.
Only if the behavior is "serious" constitutes this crime, the following factors can be considered to determine the judgment of "serious": illegal debt collection for many times; Being subjected to administrative punishment and being executed again; Implement for many people; It has a great impact on the victim's daily life, work and study, and affects production and business activities.
3. The criminal subject is a general subject, that is, a natural person with criminal responsibility at the age of 16.
4. The subjective aspect of this crime is intentional, direct intentional and intentional, with the purpose of illegal debt collection.
Six, the problems that should be paid attention to in determining the crime of illegal debt collection.
1. Different from robbery.
On the basis of summing up the experience of eliminating evils, this crime is specially stipulated to regulate the illegal debt collection of usury. In the illegal debt collection, the general debt behavior comes first, and in many cases, the debt collector belongs to the professional debt collector. He doesn't know the process of creditor's rights and debts in the early stage, only the amount he asks for. Therefore, the actor generally does not have the purpose of illegal possession. If the perpetrator uses violence or coercion to obtain public or private property on the spot, it is generally not suitable for robbery.
2. It is different from the crime of illegal detention.
According to the third paragraph of Article 238 of the Criminal Law: "Whoever illegally hijacks or detains another person in order to obtain debts shall be punished in accordance with the provisions of the preceding two paragraphs", that is, he is convicted and punished for the crime of illegal detention, and can generally be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. The Supreme People's Court's Interpretation on How to Criminally Detain Others to Obtain Debts Not Protected by Law further clarifies that if an actor illegally detains or detains others in order to obtain debts not protected by law such as usury and gambling debts, he shall be convicted and punished according to the crime of illegal detention. Before the Criminal Law Amendment (11) came into effect, anyone who extorts illegal debts by illegal detention is deemed as the crime of illegal detention. After the implementation of the Criminal Law Amendment (11), the act of illegally demanding debts by means of restricting the personal freedom of others, if the circumstances are serious, constitutes this crime, and at the same time constitutes the crime of illegal detention, which should be severely punished. If the first statutory punishment for the crime of illegal detention should be convicted and punished, it is generally regarded as this crime, and it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined, so as to realize the comprehensive evaluation of illegal urging behavior and urging illegal debts, and severely punish the circumstances of beating and insulting. In the process of restricting the personal freedom of others, causing serious injuries to others, in accordance with the provisions of the second paragraph of Article 238 of the Criminal Law, it shall be deemed as an aggravating circumstance of the crime of illegal detention and shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death shall be sentenced to fixed-term imprisonment of not less than ten years; Whoever uses violence to cause disability or death shall be convicted and punished in accordance with the provisions of Article 234 of the Criminal Law on intentional injury and Article 232 on intentional homicide.
3. Distinguish it from the crime of provoking trouble.
After the criminal law specifies this crime, illegal debt collection should generally be punished as this crime. However, if illegal demand for money disturbs the order of public places at the same time, such as collecting debts in public places by soft and violent means, which leads to disorder in public places, and at the same time conforms to the constitution of the crime of stirring up trouble, you can be convicted and punished for the crime of stirring up trouble according to the principle of heavier punishment.
Seven, the criminal responsibility of the crime of illegal debt collection
According to the provisions of Article 293 of the Criminal Law, whoever constitutes the crime of illegal debt collection 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.
Legal basis:
Opinions of the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Public Security and Ministry of Justice on Several Issues Concerning Handling Criminal Cases of "Soft Violence"
1. "Soft violence" refers to the perpetrator's illegal and criminal means such as harassment, entanglement, noise, and gathering people to create momentum. For the purpose of seeking illegal interests or forming illegal influence, conduct acts that are enough to make others fear or panic and then form psychological compulsion, or affect or restrict personal freedom, endanger personal and property safety, and affect normal life, work, production and business.
Two, "soft violence" illegal and criminal means are usually manifested in the following forms:
(1) Means of infringing personal rights, democratic rights and property rights, including but not limited to stalking, threatening to spread diseases, exposing privacy, maliciously reporting, falsely accusing and framing, destroying or seizing property, etc. ;
(2) Means to disturb the normal life, work, production and business order, including but not limited to illegally invading other people's houses, destroying living facilities, setting up living obstacles, posting newspapers, hanging banners, setting off firecrackers, playing funeral music, placing wreaths, throwing dirty water, cutting off water and electricity, blocking doors and stopping work, driving away employees, and stationing personnel, etc., directly or indirectly controlling factories, offices and enterprises.
(3) Means of disturbing social order, including but not limited to posing for demonstrations, gathering people to make trouble, blocking roads to make trouble, etc. ;
(four) other "soft violence" means in accordance with the provisions of Article 1 of this opinion.
If the illegal and criminal means implemented through information networks or communication tools conform to the provisions of Article 1 of this opinion, it shall be deemed as "soft violence".
Criminal law of the people's Republic of China
Article 293 Whoever commits one of the following acts of provoking troubles and disrupting social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:
(a) beating others at will, and the circumstances are bad;
(two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad;
(three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious;
(4) Causing serious disorder in public places.
Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.
Article 293rd one of the following circumstances constitutes the crime of illegal debt collection. If the circumstances are serious, they 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:
(1) Using violence or coercion;
(2) restricting the personal freedom of others or intruding into others' houses;
(3) Threatening, stalking or harassing others.