来源：http://www.zzzhongtebao.com/ 点击次数： 发布时间：2018-06-21
Extortion is the act of using illegal possession as the purpose and threatening or coercion the victim, forcing the public and private property to be demanded. The 274th article of the criminal law of the People's Republic of China is extortion of public and private property, large amount or extortion, and shall be sentenced to fixed-term imprisonment, detention or control over three years, and shall be penalized or single penalized; a large amount or other serious circumstances shall be sentenced to fixed-term imprisonment of less than three years and less than ten years; the amount is particularly large Those with large or other serious circumstances shall be sentenced to fixed-term imprisonment of not less than ten years and shall also be fined.
Extortion is an important crime of infringing property. Its targets are public and private property. Some scholars believe that the object of extortion is compound, including human and public and private property. Starting with the objective condition of extortion, the object of extortion can only be property ownership, so the object of the crime includes only public and private property, not the person.
In order to correctly identify the crime of extortion, we should grasp the following characteristics of the threat and coercion of this crime:
First, the perpetrator intimidates property owners or holders with aggressive aggressive actions to be carried out. For example, threats will be carried out by killing, harming, revealing privacy and destroying property. It can be seen that this crime can only be carried out in a way, and can not be inaction. Making and spreading superstitious rumors, causing panic to others, taking the opportunity to help exorcise the ghosts for the name of the masses, and facing the plight of the people in trouble, and not giving money, can not be regarded as extortion.
Second, the object that the actor threatens to harm can be the owner or holder of the property, or the others who are interested in it. For example, relatives of financial owners or holders.
Third, threats can be varied. For example, the victim's face can be expressed orally, in writing or in other ways. It can also be expressed by telephone or letter. It can be issued by the actor or can be entrusted to the third party; it can be indicated, and can also be implied, without affecting the composition of the crime.
Fourth, there are many kinds of encroach actions that threaten to be carried out, some can be realized on the spot, such as killing and injury, some are impossible to be realized on the spot, and it must be realized in the future, such as disclosure of privacy. It is important to note that the perpetrator threatens to carry out a harmful act, not means that a threat is not carried out at the time of any threat, such as the threat of an act of injurious, but a relatively mild assault on the threat of a threat, or a threat that the killing is to be carried out, but the harm is carried out when the threat is issued. Behavior. In this case, the way of carrying out more minor offences and threatening to carry out more serious injuring behavior in the future may affect the actual offense of the perpetrator and the number of specific crimes, which should be judged according to the circumstances of specific cases.