Traditional Culture Encyclopedia - Hotel reservation - What are the provisions on the filing standard of extortion crime in China?
What are the provisions on the filing standard of extortion crime in China?
The "large amount" of extortion of public and private property ranges from 1000 yuan to 3000 yuan. According to the relevant provisions in "Opinions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Criminal Cases of Robbery and Snatching", if an actor impersonates a member of the public security joint defense team to "gamble" or "go whoring", his gambling money is confiscated or he is fined, which constitutes a crime, he shall be convicted and punished for extortion. Explanations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Extortion Article 1 Whoever extorts public or private property for more than 2,000 yuan and less than 5,000 yuan, more than 30,000 yuan and less than 100,000 yuan, and more than 300,000 yuan and less than 500,000 yuan shall be deemed as "relatively large amount", "huge amount" and "extremely huge amount" as stipulated in Article 274 of the Criminal Law respectively. 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; 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.
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