What is the crime of forcing someone to make a large IOU?

The crime of extortion refers to the use of threats or coercion against the victim to forcibly demand public or private property for the purpose of illegal possession.

Article 274 of the Criminal Law of the People's Republic of China: Whoever extorts public or private property, where the amount is relatively large or extorts multiple times, is sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment and a concurrent fine is to be given.

The crime of extortion is an important crime against property, which is committed against public and private property. Some scholars believe that the object of the crime of extortion is compound, including people and public and private property. Starting from the objective elements of the crime of extortion, the object of extortion can only be the ownership of property, so the object of the crime only includes public and private property, not people.

Not necessarily, if there is a legal and genuine creditor-debtor relationship in an IOU written under duress, although the act is improper, it does not affect the establishment of the creditor-debtor relationship, and the debtor should repay the debt; However, if there is no legal and genuine creditor-debtor relationship, and the IOU written under duress constitutes a false creditor-debtor relationship, it is an invalid IOU (contract), and at the same time, the perpetrator (coerc) is suspected of the crime of extortion and should be investigated for criminal responsibility. Article 143 of the Civil Code Civil juristic acts that meet the following conditions are valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 144:Civil juristic acts carried out by persons lacking capacity for civil conduct are invalid. Article 146:Civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid. The effectiveness of civil juristic acts concealed by false expressions of intent is to be handled in accordance with the relevant legal provisions.

Article 153: Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act. Civil juristic acts that violate public order and good customs are invalid Article 154: Civil juristic acts where the actor maliciously colludes with the counterpart to harm the lawful rights and interests of others are invalid.

Article 150 of the Civil Code of the People's Republic of China: Where one party or a third party uses coercion to cause the other party to carry out a civil juristic act contrary to its true intentions, the coerced party has the right to request that the people's court or arbitration institution revoke it. Article 152 of the Civil Code of the People's Republic of China shall extinguish the right of revocation under any of the following circumstances: (1) the party has not exercised the right of revocation within one year from the date on which the party knew or should have known the reasons for revocation, or within 90 days from the date on which the party with a major misunderstanding knew or should have known the reasons for revocation; (2) The party is coerced and does not exercise the right of revocation within one year from the date on which the coercive act is terminated; (3) The parties expressly express or express their waiver of the right of revocation after knowing the reasons for revocation or by their own conduct.

Where a party does not exercise the right of revocation within five years from the date of occurrence of the civil juristic act, the right of revocation is extinguished.

The act of illegally forcing someone to write an IOU has been suspected of the crime of extortion. Extortion refers to an illegal act of forcibly extorting public or private property by threatening the victim with illegal possession as the ultimate goal. According to the provisions of China's law, if the amount of extortion is huge or the public or private property has been extorted many times, he will be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a certain fine.

1. How long does the crime of extortion need to be sentenced?

The sentence for extortion depends on the actual situation. The crime of extortion refers to the perpetrator's conduct of illegally taking possession of another person's property through coercion, intimidation, or coercion on the victim for the purpose of unlawful possession.

1. Where the perpetrator extorts the property of others, and is suspected of a relatively large amount or multiple extortions, a sentence of up to three years imprisonment, controlled release, or short-term detention is to be given in accordance with law, and/or a fine;

2. Where the amount of extortion suspected is huge or other serious circumstances are caused, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given in accordance with law;

3. Where the suspected amount is especially huge or other especially serious circumstances are caused, a sentence of 10 or more years imprisonment and a fine is to be given in accordance with law.

Article 667 of the Code of the People's Republic of China stipulates that a loan contract is a contract in which the borrower borrows money from the lender and returns the loan and pays interest when due. Article 668:The loan contract shall be in written form, except where there is an agreement between natural persons that the loan shall be assigned separately. The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.

Article 669:When concluding a loan contract, the borrower shall, in accordance with the requirements of the lender, provide the true information about the business activities and financial status related to the loan.

Legal Classification Analysis: It depends on the specific situation. Whoever uses violence or the threat of violence to force others to agree to sign an IOU or extort public or private property when they are coerced, and commits the crime of extortion and extortion if the amount is relatively large or extorts multiple times; If the circumstances are minor and the amount is small, the crime is not committed.

A borrowing relationship formed by one party by means of coercion or taking advantage of the danger of others to cause the other party to violate its true intentions shall be deemed invalid.

Legal basis: "Criminal Law of the People's Republic of China" Article 234 Whoever intentionally harms the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release; Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

Forced IOUs may be suspected of robbery or extortion, and in judicial practice, there is a high probability that they will be dealt with as the crime of extortion. The similarities between the crime of robbery and the crime of extortion are as follows: the object of the crime is a complex object, including both property ownership and the personal rights of the victim; The subjects of the crime are all ordinary subjects, and the subjective aspects of the crime all have the purpose of illegally taking possession of public or private property.

Our lawyer believes that the most crucial difference between the two crimes is, first of all, whether violence is used on the spot and possession of other people's property on the spot. If violence is used on the spot and someone else's property is taken possession of it on the spot, it is definitely robbery; Conversely, extortion occurs if there is only the use of violence on the spot and no possession of another person's property on the spot, or if there is only the possession of another person's property but not violence on the spot. In other words, the crime of robbery must satisfy "two spots" at the same time, and if there is only "one scene", it is extortion.

Second, the degree of violence and purpose of the two crimes are different. The crime of robbery is more violent and excludes the victim's resistance, and the perpetrator's violent intent is to exclude the victim's resistance and cause the victim to deliver or rob the property on his own initiative. However, the degree of violence in the crime of extortion is generally relatively light, and the perpetrator's intention to use violence is not to exclude the victim's resistance, but to cause the victim to have a certain amount of mental fear.

If it only causes the victim to have a certain amount of mental fear and is forced to write an IOU, and does not ask the victim to hand over the property on the spot, the IOU has no actual property rights and interests, and does not belong to property in the sense of the criminal law, and does not meet the requirements of the constitutive elements of the crime of robbery where property is stolen on the spot in two of the scenes, so it is generally more appropriate to handle it as the crime of extortion.

If minor injuries are caused, it is a public order case; If more than minor injuries are caused, the crime of intentional injury is suspected and criminal responsibility is borne.

Public Security Administration Punishment Law

Article 43: Those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB:

1) Gang up to beat or injure others;

2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;

3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

Article 234 of the Criminal Law [Crime of Intentional Injury] Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.

Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

Assaulting others to write IOUs constitutes the crime of picking quarrels and provoking troubles, which is more reflective of the principle of punishment appropriate to the crime.

If the IOU is generated unwillingly, it is an invalid clause

If it is verified to be true, it is an invalid act.