Legal analysis
The object of this crime is a complex object, which not only infringes on the ownership of public and private property, but also harms the personal rights or other rights and interests of others. This is one of the remarkable characteristics that distinguish this crime from theft and fraud. The object of this crime is public and private property. Whoever extorts or extorts public or private property in an amount between 2,000 yuan and 5,000 yuan, between 30,000 yuan and 100,000 yuan, between 300,000 yuan and 500,000 yuan shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 274 of the Criminal Law. On the basis of the starting point of sentencing, the amount of punishment can be increased and the benchmark punishment can be determined according to the amount and frequency of extortion, the severity of the crime and other criminal facts that affect the composition of the crime. If the amount of repeated extortion is relatively large, the starting point of sentencing shall be determined by the amount of extortion, and the number of extortion can be used as the adjusted benchmark punishment. If the amount of sentencing circumstances is not large, the starting point of sentencing shall be determined by the number of extortion, and more than three times shall be regarded as the fact of aggravating punishment. Objectively, this crime shows that the perpetrator forces the victim to hand over his property by means of threats, extortion and intimidation. The subject of this crime is the general subject. Any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime.
legal ground
Article 274 of the Criminal Law of People's Republic of China (PRC), whoever extorts or extorts public or private property in a large amount or for many times shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall 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.