How to convict the crime of extorting 900 yuan, and how to sentence 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. ......

Definition and Determination of Criminal Law CrimesDefinition of the Crime of ExtortionDefinition and Determination of the Crime of Extortion According to the provisions of article 274 of the Criminal Law, where the amount of extortion or extortion of public or private property is relatively large, a case shall be filed. The crime of extortion is a crime of extortion, and the perpetrator must extort public or private property in a "relatively large amount" to constitute the crime of extortion and be placed on file for investigation. In accordance with the Provisions on Issues Concerning the Criteria for Determining the Amount of the Crime of Extortion and Extortion, adopted by the Supreme People's Court on April 28, 2000 and implemented on May 18, 2000, extortion of public and private property ......

Sentencing StandardsSentencing Standards for Crimes of ExtortionSentencing Standards for Crimes of Extortion Those who commit the crime of extortion (starting from 1,000 to 3,000 RMB) are to be sentenced to up to 3 years imprisonment, short-term detention, or controlled release.

where the amount is huge or there are other serious circumstances (starting from 10,000 to 30,000 RMB), a sentence of between 3 and 10 years imprisonment is to be given. ......

Constitutive elements of the crime: the subject of the crime of extortion, the subject of the crime of extortion, the subject of the crime of extortion The subject of the crime of extortion is an ordinary subject. Any natural person who has reached the legal age of criminal responsibility and has the capacity for criminal responsibility can constitute the crime of extortion. ......

Subjective Aspects of the Crime of ExtortionSubjective Aspects of the Crime of Extortion The crime of extortion is manifested in the subjective aspect as direct intent, and must have the purpose of illegally extorting property from others. If the perpetrator does not have such a purpose, or the purpose of soliciting the property is not illegal, such as the creditor uses certain threatening language to urge the debtor to speed up repayment in order to repay the debt that has not been repaid for a long time, it does not constitute the crime of extortion. The object of the crime of extortion The object of the crime of extortion The crime of extortion violates complex objects, which not only infringe on the ownership of public or private property, but also endanger the personal rights or other rights and interests of others.

The crime of extortion violates public or private property. ......

Objective Aspects of the Crime of ExtortionObjective Aspects of the Crime of Extortion The crime of extortion is objectively manifested as the perpetrator's use of threats, coercion, intimidation, and other means to compel the victim to hand over property. Threat refers to the use of a vicious notice to force the victim to dispose of property, that is, if the property is not disposed of according to the perpetrator's request, he will suffer evil harm at some time in the future. There is no restriction on the types of threats, including threats to the life, physical freedom, reputation, etc., of the victim and his or her relatives, ......

That is, being punished by the public security organs does not constitute a crime, provided that it is not extorted many times.

provisions. If the conduct is more serious, it may constitute the crime of fraud, but according to your account, it does not meet the criteria for conviction and sentencing. The detention of the public security organs is not a criminal punishment, but an administrative punishment, and does not count as a criminal record. In the case of administrative punishment, the maximum detention is 15 days.

Hope the answer is helpful to you.

According to article 274 of the Criminal Law, "extortion of public or private property, where the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release; where the amount is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment is to be given. ”

The "larger amount" here is a starting point of 1,000 to 3,000 yuan; "The amount is huge" is to start from 10,000 to 30,000 yuan.

Different regions have different sentencing standards, so ask your local lawyer for details!

According to the provisions of the Supreme People's Court on the issue of the standard for determining the amount of the crime of extortion:

Extortion of public or private property "in relatively large amounts", starting from 1,000 to 3,000 yuan;

Extortion of public and private property is "huge", starting from 10,000 to 30,000 yuan.

The high people's courts of each province, autonomous region, or directly governed municipality may, on the basis of the actual conditions in that region, and within the range of amounts described above, research and determine the specific monetary standards for the crime of extortion enforced in that region, "relatively large amounts" and "huge amounts", and report to the Supreme People's Court for filing.

Extortion of public or private property is punishable by "relatively large amounts" and is punishable by up to three years to controlled extortion of public or private property "in huge amounts", and sentences are between three and 10 years.