The amount standard of extortion crime in Guizhou Province

The Supreme People's Court's Provisions on Determining the Amount of the Crime of Extortion (Law Interpretation [2000]1No.) (hereinafter referred to as the Provisions) was promulgated on May 17, 2000. The "Regulations" set two threshold standards for sentencing levels of extortion, namely "a large amount" and "a huge amount", and agreed that the higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government should study and determine the specific standards for implementing the above two amounts in their own regions according to the actual conditions in their own regions. According to the economic development level of our province, through research, our province is divided into three types of regions and two grades to master and implement the specific amount standards: (1) The first type of regions are seven cities including Guangzhou, Shenzhen, Zhuhai, Shantou, Foshan, Dongguan and Zhongshan. The starting point for a large amount of extortion is 2500 yuan; The starting point for a huge amount is 25 thousand yuan. (2) The second-class areas are Huizhou, Jiangmen, Zhanjiang, Maoming, Zhaoqing, Chaozhou, Jieyang and Shanwei. The starting point of extortion is 2000 yuan; The starting point for a huge amount is 20 thousand yuan. (3) The three types of areas are Heyuan, Yunfu, Yangjiang, Qingyuan, Meizhou and Shaoguan. The starting point of extortion is 1500 yuan; The starting point of the huge sum is10.5 million yuan. (4) The standards for determining the amount of extortion cases handled by Guangdong Railway Transport Court shall be mastered with reference to the first-class regional standards. Three. Punishment for the crime of extortion Article 274 of the Criminal Law of People's Republic of China (PRC) stipulates that whoever extorts a large amount of public or private property or extorts it 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 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 and fined. (Revised according to the Eighth Amendment of the Criminal Law) On the 26th, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Extortion and Blackmail, which explained nine articles and intensified the crackdown. The judicial interpretation mainly stipulates the criteria for determining the crime of extortion, such as large amount, huge amount, especially huge amount, the criteria for determining the crime of extortion, the criteria for determining the crime of extortion for many times, the criteria for determining the crime of extortion, the criteria for determining other serious circumstances and other particularly serious circumstances, and the criteria for fines for extortion.

Legal objectivity:

Article 274 of the Criminal Law stipulates that whoever extorts public or private property in a relatively large amount or repeatedly extorts it 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.