Ni Siqiang (Procurator of the People's Procuratorate of Xunyang District, Jiujiang City): I personally think that Zhou's behavior constitutes a crime.
Li Jinhai (Director of Yangmen Police Station of Anfu County Public Security Bureau): I think Zhou's behavior constitutes a crime. However, Zhou Xiaoxiao's behavior failed, which was an attempted crime. However, although it failed, in view of the huge amount, criminal responsibility should be investigated.
Yao (lawyer of Jiangxi Aimin Law Firm): I don't think Zhou's behavior constitutes a crime. But he disturbed social order and wasted judicial resources, and should be punished by public security.
Zhou Xiao Mo "kidnapped himself" and "blackmailed his wife", and used fictional facts to "cheat money", "kidnap", "blackmail" and "cheat". So, if his behavior constitutes a crime, which charges is he suspected of? What factors may be considered when sentencing?
Sam Tang: In the crime of fraud, the victim voluntarily disposes of property based on misunderstanding, which is not in line with this case; The key to determine the crime of kidnapping is whether the hostage was actually kidnapped, and this case is also inconsistent. However, even extorting other people's property on the grounds of claiming to possess other people's private data constitutes extortion. The key is whether it will make the other person feel scared. This case should meet the constitutive requirements of the crime of extortion. In addition, the fictional fact of being kidnapped to defraud relatives and friends of property may have legal concurrence with the crime of fraud. Regarding sentencing, extortion of relatives and friends is not a statutory mitigation or mitigation, but depends on whether the nature of the actor's behavior is bad, the degree of repentance, and whether the victim understands. Will be considered when sentencing.
Li Jinhai: I think this constitutes a crime of extortion. In this case, Zhou demanded a ransom of 500,000 yuan. Knowing that his wife had no actual ability to perform, he actively guided her to tell her parents. If she succeeds, she will inevitably infringe on her parents' property rights. Legally, parents' property is not their own property and shall not be illegally violated. In addition, the subject of the crime of extortion is the general subject, and the law does not exclude the relatives of the victims.
Ni Siqiang: In this case, Zhou Xiaoxiao's behavior is closer to the crime of fraud. Although he threatened to "chop off his finger if he didn't give it to 500 thousand", this threat of violence also occurred in fictional facts. As for sentencing, the amount involved is extremely huge, but if the family members understand, the court may consider it lightly when sentencing.
Yao: The constitutive requirements of the crime of kidnapping are very clear, asking for other people's property and causing personal injury to others. There is neither personal injury nor actual property loss in this case, so it does not constitute the crime of kidnapping. This case does not constitute a crime of fraud, because the crime of fraud must fabricate facts, conceal the truth, and let the victim pay the money voluntarily, but Zhou Moping was forced. As for the crime of extortion, it is to disclose privacy, threaten to hurt others and ask for property.
In this case, Zhou Xiaoxiao didn't hurt others to extort money. The object of his claim for property is his wife. Whether the money is a deposit or a loan, as long as it is proposed by his wife, it belongs to the property or debt of husband and wife, so it does not constitute extortion. (All the above are personal opinions and do not represent the opinions of the unit. )
French interpretation
The crime of kidnapping refers to the act of kidnapping others by violence, coercion or other means for extortion of property or other purposes; Or kidnap someone as a hostage. Article 239 of the Criminal Law stipulates that whoever kidnaps another person for the purpose of extorting property or kidnaps another person as a hostage shall be sentenced to fixed-term imprisonment of not less than 65,438 years or life imprisonment, and shall also be fined or confiscated of property.
crime of fraud
It refers to the act of fabricating facts or concealing the truth for the purpose of illegal possession, and defrauding large amounts of public and private property. Article 266 of the Criminal Law stipulates that 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 3 years 10 years and fined; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 or life imprisonment, and shall also be fined or confiscated.
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. Article 274 of the Criminal Law stipulates that whoever extorts or extorts 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; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years.