Is it a crime to slander someone, and what kind of crime is it to slander someone?

1. Is it illegal to slander others?

1. Whether the slander violates the law depends on the situation

1) Slander is the act of blaming others for being unreasonable or unreasonable, and the evidence is insufficient, and the circumstances are minor and do not violate the law;

2) If it exceeds a certain limit and the circumstances are more serious, it will be suspected of extortion.

2. Legal basis: Article 274 of the Criminal Law of the People's Republic of China.

Crime of extortion] Extortion of public or private property, where the amount is relatively large or there are multiple extortions, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine 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.

2. What are the constitutive elements of the crime of extortion?

2. Objectively manifested as the perpetrator's use of threats, coercion, intimidation, or other means to compel the victim to hand over property;

3. The main body is a general subject. Any natural person who has reached the legal age of criminal responsibility and has the capacity for criminal responsibility can constitute it;

4. In the subjective aspect, it is manifested as direct intent, and must have the purpose of illegally extorting other people's property.

In the case of defrauding people, they shall first report to the police, keep the best evidence, the two sides may negotiate first, and if the negotiation fails, the public security department will conduct mediation, and if the mediation fails, the deception may constitute the crime of extortion, and in accordance with the provisions of the Criminal Law of the People's Republic of China, extortion of public or private property, where the amount is relatively large or there are multiple extortions, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine 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.

Legal basis: Article 274 of the Criminal Law of the People's Republic of China [Crime of Extortion] Where public or private property is extorted, the amount is relatively large or there are multiple extortions, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine 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.

Slander is a crime of extortion.

The crime of extortion can be determined through the following four elements:

2. Objectively manifested as the perpetrator's use of threats, coercion, intimidation, or other means to compel the victim to hand over property;

3. The main body is a general subject.

4. In the subjective aspect, it is manifested as direct intention.

Criminal Law of the People's Republic of China.

Article 274.

Crime of extortion] extortion of public or private property, where the amount is relatively large or there are multiple extortions, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine 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. Article 262.

Child abduction.

Whoever abducts a minor under the age of 14 and separates him from his family or guardian is to be sentenced to up to five years imprisonment or short-term detention.

Article 262-1 [Crime of Organizing Disabled Persons or Children to Beg]Whoever uses violence or coercion to organize disabled persons or minors under the age of 14 to beg is to be sentenced to up to three years imprisonment or short-term detention and a concurrent fine; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Article 262-2: [Crime of Organizing Minors to Carry Out Activities Violating the Administration of Public Security] Whoever organizes minors to carry out activities that violate the administration of public security, such as theft, fraud, robbery, or extortion, is to be sentenced to up to three years imprisonment or short-term detention and a concurrent fine; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Legal Analysis: 1. Slander is a crime. Violate the law.

Intentionally falsely committing a crime, suspected of fraud. Fraud is an illegal or criminal act of defrauding the victim of the victim's property by using fictitious facts or fabricating facts for the subjective purpose of illegally possessing other people's property. According to the provisions of China's Criminal Law, if a person extorts money from others through acts such as making a fuss out of nothing, if the circumstances are serious, it will constitute the crime of extortion and bear criminal responsibility.

II. On the basis of the relevant laws and regulations of our country, extortion of public or private property, where the amount is relatively large or extorted multiple times, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, Liang Zhi is to be sentenced to 10 or more years imprisonment and a concurrent fine.

Legal basis: Criminal Law of the People's Republic of China Article 266 Crime of fraud Fraud of public or private property, where the amount is relatively large, is to be 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 and a concurrent fine 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 or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.

Derivative question: What is the general time limit for collecting evidence for the crime of fraud?

After receiving a case, the public security organ will file a case for investigation and handling, and find out the facts of the case through investigation to protect the legitimate rights and interests of the parties. Although many people know that the public security organs will file a case for investigation, many people do not know the investigation methods and investigation period of the public security organs. In China, investigative acts include not only the special investigative activities carried out by investigators in accordance with the law, but also the coercive measures taken to prevent current offenders and criminal suspects from continuing to commit crimes, escaping, destroying evidence, or committing suicide.

According to the provisions of the Criminal Procedure Law, China's investigative system shall include the following contents: questioning criminal suspects, witnesses and victims, inquests, inspections, searches, seizure of physical evidence, documentary evidence, appraisals, wanted notices, custodial summonses, release on bail pending further investigation, residential surveillance, detention, arrest, etc. At the same time, there is no time limit for filing a case for investigation, but the time limit for investigation after the arrest of a suspect is generally 2 months, and in special circumstances it can be extended by 1 to 5 months with approval in accordance with law.

It is not a crime to "slander people" slightly, but if it exceeds a certain limit, it is suspected of extortion.

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

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.

Data Extensions

"Slandering" is the act of blaming others for being unreasonable or unreasonable or with insufficient evidence and the circumstances are minor and will be suspected of the crime of extortion.

The standard for starting points for the crime of extortion varies from province to province to province, taking Yunnan Province as an example, the standard for filing a case for the crime of extortion is 3,000 yuan, and if the amount of extortion reaches 3,000 yuan, it is a criminal act, otherwise it is not a criminal act.

The old lady deliberately falsely committed a crime and was suspected of fraud. Fraud is an illegal or criminal act that uses fictitious facts or fabricated facts to deceive the victim's trust and defraud the victim of his or her property for the subjective purpose of illegally possessing other people's property.

Relevant legal knowledge.

Criminal Law of the People's Republic of China.

Article 266: [Crime of Fraud] Whoever defrauds public or private property, and the amount is relatively large, is to be sentenced to up to three years imprisonment, short-term detention, or controlled chain burning, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine 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 or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property is to be given. Where this Law provides otherwise, follow those provisions.

Legal Analysis: "Slandering" is the act of blaming others for being unreasonable or unreasonable, and the evidence is insufficient, and if the circumstances are minor and do not violate the law, and if the circumstances are serious, they will be suspected of the crime of extortion. The crime of extortion refers to the use of threats or coercion against victims to forcibly demand public or private property for the purpose of illegal possession.

According to the provisions of the Criminal Law of the People's Republic of China, extortion of public or private property, where the amount is relatively large, is to be sentenced to up to three years imprisonment, short-term detention or controlled release; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment is to be given; Punishment may be mitigated, commuted, or waived if the crime is attempted. The criteria for starting points for the crime of extortion vary from province to province.

Legal basis: Article 1 of the "Supreme People's Court and Supreme People's Procuratorate Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Extortion and Extortion" Where the value of extortion or private property is between 2,000 and 5,000 RMB, 30,000 to 100,000 RMB, or 300,000 to 500,000 RMB, it shall be respectively found to be a "relatively large amount", "huge amount", or "especially huge amount" as provided for in article 274 of the Criminal Law. The high people's courts and people's procuratorates of all provinces, autonomous regions, and municipalities directly under the Central Government may jointly study and determine the specific monetary standards for implementation in their respective regions within the range of amounts provided for in the preceding paragraph, and report to the Supreme People's Court and Supreme People's Procuratorate for approval.

Legal Analysis: "Slander" is the act of blaming others for being unreasonable or unreasonable, and the evidence is insufficient, and the circumstances are minor and do not violate the law, and if the circumstances are serious, they will be suspected of the crime of extortion. The crime of extortion refers to the use of threats or coercion against victims to forcibly demand public or private property for the purpose of illegal possession.

If the standard for filing a case for the crime of extortion is 3,000 yuan, if the amount of extortion reaches 3,000 yuan, it is a criminal act, otherwise it is not a criminal act.

Legal basis: 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 to be 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 and a concurrent fine 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 is to be given, and a concurrent fine is to be given.