Legal analysis
According to the provisions of relevant national laws, we can know that the crime of extortion, as a kind of property crime, subjectively aims at illegal possession, and objectively shows that the perpetrator uses threats, coercion, intimidation and other means to forcibly ask for public and private property, which eventually leads to the loss of public and private property. The object of the crime of extortion is a complex object, which not only infringes the ownership of public and private property, but also harms the personal rights or other rights and interests of others. The subject of a crime is a general subject, that is to say, any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute a crime. In addition, the crime of extortion has a certain amount standard. The amount of extortion is more than 2,000 yuan to 5,000 yuan, the amount of crimes is more than 30,000 yuan to10,000 yuan, and the amount of crimes is more than 300,000 yuan to 500,000 yuan. The lighter penalty for extortion is a fine. If the amount of extortion reaches a particularly large standard, the criminal will be sentenced to more than 10 years in prison and fined. In real life, sentencing should increase the amount of punishment and determine the benchmark punishment according to the specific number, amount and circumstances of extortion and other criminal facts that affect the composition of the crime. For example, if the amount of extortion is greater than a large amount, then the starting point of sentencing is determined by the amount of extortion. Generally speaking, the number of extortion crimes can be used to adjust the sentencing of benchmark punishment. If the amount of crime does not reach a large standard, the starting point of sentencing shall be determined by the number of extortion, and the number of times exceeding three shall be regarded as the fact of aggravating punishment. If extortion constitutes a crime, it is a case of public prosecution, which is prosecuted by the procuratorate. If the procuratorial organ considers that the crime is minor or does not prosecute for other reasons, then the victim may file a private prosecution.
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.