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Offences under the Penal Code --- criminalisation of robbery.
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The first thing to say is that your situation cannot generally be recognized as robbery, and can only be discussed in the context of extortion.
Qualitative extortion should also be divided into circumstances, if it is a direct opening to ask for money, it is generally an illegal act, if there is a reason to ask for money, such as saying that there is no money, can you give some money? Have a meal? Of course, the tone and demeanor of the questioning should also be based on the situation, whether it is sincere, real, or obvious blackmail, the former is not illegal, and the latter is illegal.
Let's take a closer look at how they broke the law.
First of all, the behavior of the actor, asking others for no reason, from the normal point of view, is an immoral behavior, an act of wanting to get something for nothing. Generally speaking, normal people don't want to give their money to an irrelevant person for no reason, so the act of giving money is against the true will of the other party, so what caused him to do this against his will? Here, the young man's own behavior of asking for money is a potential coercive behavior, and he uses his young and strong body as a **, implying a kind of coercion while asking for money, making the other party think that if he does not give it, he will be hurt in some way.
Threats as provided for in law refer to the use of a notice of viciousness to compel the victim to dispose of property, that is, if the property is not disposed of in accordance with the actor's request, he will suffer vicious harm at a certain time in the future, and the threatening behavior is sufficient to cause fear in others, and it is not required to actually cause the victim to be afraid.
Secondly, the old man you said voluntarily got into the car, which has nothing to do with the behavior of asking for money later. It's like if you make a black car, when you get in the car, you may not know it, you think it is a normal taxi, so of course you will voluntarily get on it. What we want to say is that when the old man gets in the car, he must have a destination, and the remote place mentioned in your example will certainly not be the destination he wants to go, and in a remote place, deviating from the destination he asks to go, a few strong young people, even if they don't speak, have already framed an implicit coercion, just as above he will think that if he doesn't give it, he will be hurt in some way.
Let's talk about the question of whether it will be brought to justice.
First of all, violations of the law are not necessarily punishable by law. If you ask for very little money, if the other party doesn't report the crime, it's basically nothing. If the case is reported, it is generally returned, apologized, educated, etc.
Secondly, if the amount is larger. It is characterized as the crime of extortion. 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: Where the amount involved in extortion of public or private property is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given; where the amount is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment is to be given.
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This is a crime The first motive is not pure To trick the old man into a certain place This is already an invisible threat If the old man calls the police, it is justified And your statement is just wishful thinking The old man will have many arguments to refute.
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This act has in fact constituted the crime of robbery.
First of all, if the elderly are taken to a remote place, the elderly already have a psychological fear mentality, and in this case, it can be said that the delivery of cash to the young man has already constituted a threatening and coercive behavior, which meets the constitutive elements of the crime of robbery. It is impossible for young people to justify the fact that old people are voluntary.
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You can't use this as a defense to say that there is no violence or coercion, and if you charge more than a certain amount, it is a crime, because your behavior is enough to make the elderly feel threatened and afraid, and if the elderly call the police, the money you collect is not much, at most you will educate and educate you and detain you for a few days.
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Illegal Although the old man got into the car voluntarily, but the old man disposed of his property against his true intentions Taking the old man to a remote place, as for the situation of being isolated and helpless, I think it can be constituted, of course, it cannot be general, and it depends on the specific circumstances and amount.
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Any act of coercion, deception, etc., is illegal. Unless it's a gift.
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There is no doubt that this constitutes robbery, and the constituent elements of robbery are the use of violence or the threat of violence, and there is no doubt that the threat of violence is implied in the situation you are talking about, and as for what purpose he got into the car, that is another question.
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"In this process, young people do not use violence, coercion, or intimidation. "If this is the case, the old man can give you money, then it can only be said that there is one problem, this old man is sick, and he is not lightly ill! Hence "So is the young man guilty?"
If the old man called the police to arrest the young man, could the young man say that he did not rob, but asked the old man for money, and the old man gave it voluntarily, so that he could get out of it? It's not worth answering!
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It depends on how much you want, but if you don't agree to give it, you're breaking the law.
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Do you have legal common sense, you, this is not called coercion, threats, you are kidnapping for ransom, that person will call the police and you will definitely go in.
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It is necessary to analyze whether there is a sense of coercion in terms of speech, posture, etc.
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According to Chinese law, it does not violate China's criminal law.
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Somehow called the old man to the car.
I think it's a crime.
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Violate the law. Unless you're a beggar.
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Hello, the mother-son relationship cannot be severed, but if he beats someone, the mother can call the police, and the police will give him an administrative punishment, and he can be detained, and if the injury reaches a slight injury or more, it constitutes a crime and is sentenced to prison in accordance with the law.
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Parents have no obligation to support their adult children, and if they don't give money, they can directly call 110 to report the crime. If there is a blood relationship between mother and child, the mother-child relationship cannot be dissolved in law, and only a will excludes the son's inheritance.
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Buying abducted and trafficked women.
According to article 241 of the Criminal Law of the People's Republic of China, the crime of buying abducted and trafficked women and children refers to the act of buying trafficked women and children without the purpose of selling. The object of this crime is that the victim of women and children is not subject to sale, and objectively manifests itself in the act of buying women and children who have been abducted, trafficked, or kidnapped. According to the provisions of the Criminal Law, whoever buys a woman or child who has been abducted or trafficked shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.
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1 General conditions: (1) The applicant has sufficient reasons to prove that he or she needs legal assistance to protect his legitimate rights and interests;(2) The applicant is unable or incapable of paying legal service fees due to financial difficulties.
The standards for economic hardship are to be grasped with reference to the standards for economic hardship or the standards for the subsistence support line provided for by the people in the place where legal aid is implemented**.
2. Special conditions: For parties to special cases that meet the requirements of the law, they can be designated by the people's court to obtain legal aid without the need for a substantive examination of whether they meet the general requirements. For example, if a blind, deaf, mute, juvenile, or defendant who may be sentenced to death as provided for in article 34 of the Criminal Procedure provides for it, the people's court shall appoint legal aid for them if they have not retained a defender in the criminal proceedings.
II. Scope of Legal Aid.
1) Citizens who do not have a client due to financial difficulties may apply to a legal aid institution for legal aid for the following matters that need to be **:
1) Requesting compensation from the state in accordance with the law;
1) In cases where the public prosecutor appears in court for public prosecution, and the defendant has not retained a defender due to financial difficulties or other reasons; When people's courts designate a defense for the defendant, the legal aid institution shall provide legal aid.
2) Where the defendant is blind, deaf, mute, or has not retained a defender, or where the defendant might be sentenced to death but has not retained a defender, the legal aid institution shall provide legal aid when the people's court designates a defense for the defendant, and there is no need to conduct a review of the defendant's financial status. (3) Designated defense in criminal proceedings: (3) The private prosecutor in a private prosecution case and his or her legally-prescribed person have not retained a litigator due to financial difficulties since the date the case was accepted by the people's court.
2) Victims in public prosecution cases, as well as their legally-designated persons or close relatives, have not retained a litigant due to financial hardship since the date on which the case was transferred for review for prosecution; (1) The criminal suspect has not retained a lawyer due to financial difficulties after being interrogated by the investigating organ for the first time or from the date on which compulsory measures are taken; (2) In any of the following circumstances in criminal proceedings, citizens may apply to legal aid institutions for legal aid: (6) Asserting civil rights and interests arising from acts of righteousness and courage. (5) Requests for payment of labor remuneration; (4) Requests for alimony, child support, or alimony; (3) Requests for the payment of pensions or relief funds; (2) Requests for social insurance benefits or minimum livelihood security benefits;
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According to the minimum income standard of each region, the person and his or her close relatives can apply.
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You can also consider the model of paying after the lawsuit is over.
After all, there is no such thing as a free lunch, and even if there is, the quality will be worrying.
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It may or may not constitute extortion, robbery, depending on the circumstances.
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It is only a civil dispute, and if the other party acts violently, it is an intentional injury.
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If you just think that you owe money, it is a civil dispute, not a crime.
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This depends on the evidence, and what the evidence proves is determined by the law.
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