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1. What to do if someone is falsely accused.
1. Where a party has been falsely accused, they may promptly report to the police, and the public security organs may generally detain the perpetrator for between 5 and 10 days, and may also impose a fine of up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB; where a crime is constituted, the perpetrator may also be pursued for criminal responsibility in accordance with law.
2. Legal basis:
Criminal Law of the People's Republic of China
Article 274: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.
Law of the People's Republic of China on Public Security Administration Punishments
Article 49: Those who steal, defraud, rob, snatch, extort, or intentionally damage public or private property are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB;
2. What to do if there is a traffic accident and a person is injured and blackmailed.
In case of extortion, the party concerned can refuse, and if it is suspected of a criminal offense, it is recommended to report to the police to protect their rights; Criminal Law (1997 revision) Article 274 [Crime of Extortion] Whoever extorts 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 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.
III. Determination of the crime of blackmail.
There is no crime of blackmail in law, but there is fraud and 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.
In the event of blackmail in a traffic accident, the parties should protect the scene and leave some evidence in case they need to be used in the future. In any case, you should call the police immediately, and if someone is still injured, you need to contact an ambulance. After dealing with the above matters, try your best to protect the scene and leave the necessary evidence.
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If the fight is blackmailed, then you can call 110 to report to the public security organ for processing. After receiving the report, the public security organ will immediately conduct an investigation and give specific measures according to the actual situation of the case. Where a person who makes a report, accusation, report, or violates the administration of public security voluntarily surrenders, the public security organs will promptly accept it and register it.
If the act of being extorted money from a fight violates the criminal law, and if a crime is suspected, it will be transferred to the competent authority for criminal responsibility.
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Legal analysis: The other party wants to slander the other party
1. Be calm, don't be afraid of an accident, call 110 and the insurance company immediately, the other party is seriously injured, please broadcast 120 directly, and you stay at the scene and wait for the traffic police.
2. Don't be in a hurry to solve things and accept the other party's request for reconciliation;
3. The traffic police are required to make a determination of accident responsibility, and then assume their respective responsibilities in accordance with the determination of accident responsibility;
4. If you have tachograph and other evidence retained, you must submit it to the traffic police for processing;
5. If it is obviously your own responsibility and the other party's injury is not serious, then if the other party's offer is reasonable, you can negotiate a private settlement.
Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 A lawsuit must meet the following conditions:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case, (2) has a clear defendant, (3) has specific litigation claims, facts, and reasons, and (4) falls within the scope of the people's court's acceptance of civil litigation and the jurisdiction of the people's court receiving the lawsuit.
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Legal Hail Analysis: Not necessarily. "Fraudulent money" is not a legal term, and is usually interpreted as extortion, which, depending on the severity of the circumstances, may constitute a crime or may simply be a violation of the administration of public security.
Legal basis: Criminal Law of the People's Republic of China: Article 274: 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 where a fine is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment is to be given, and where the amount of the fine 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.
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Alarm handling. If the amount is small, it is a violation of the administration of public security. Where the amount is relatively large or the amount is relatively large or the amount is extorted multiple times, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and a fine of a simple fine is given; 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 serious circumstances, a sentence of 10 or more years imprisonment and a concurrent fine is to be given.
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Where the parties encounter scoundrel entanglement and want to extort money, they may report it to the police. After receiving the report, the public security organ will conduct an investigation, and give specific treatment according to the specific circumstances of the case, and if the other party's fraudulent behavior is suspected of committing a crime, it will be transferred to the judicial organ for investigation of criminal responsibility in accordance with the law.
Article 49 of the Law on Public Security Administration Punishments.
Those who steal, defraud, rob, snatch, or extort money, or intentionally damage public or private property, are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB;
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Summary. Dear, glad to answer for you. <>
<> someone who extorts money may report to the public security organs, and upon review by the public security organs, they can meet the requirements for filing a case, and if they do not meet the requirements for filing a case, they shall be punished by the public security administration or transferred to other organs; Where the requirements for filing a case are met, evidence is to be collected through investigative means after the case is filed, and the victim may actively provide corresponding clues to the public security organs, assist in solving the case, and punish the fraudsters.
How to deal with someone who cheats money
Dear, I'm glad to answer for you. <>
<> someone who extorts money may report to the public security organs, and upon review by the public security organs, they can meet the requirements for filing a case, and if they do not meet the requirements for filing a case, they shall be punished by the public security administration or transferred to other organs; If the requirements for filing a case are met, after the case is filed, evidence will be collected through investigative means, and the victim in Qizhen can actively provide corresponding clues to the public security organs, assist in solving the case, and punish the fraudsters.
If the person is blackmailed, the party concerned can report it to the police. If the perpetrator does not constitute a crime, the public security organ will impose a public security penalty on him, and he will be detained for up to 5 days and 10 days, and may be fined up to 500 yuan, and if the circumstances are more serious, he will be detained for between 10 and 15 days, and may be fined up to 1,000 yuan. If the perpetrator constitutes the crime of extortion, the public security organs will file a case for investigation.
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If someone is beaten and blackmailed for money, they can be called to the police to deal with it. If the perpetrator of the fraudulent use of money does not constitute a crime, the public security organs will generally give a public security penalty and a detention of not less than 5 days but not more than 10 days, and may also give a fine of up to 500 yuan; if the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.
Article 49 of the Law on Public Security Administration Penalties.
Those who steal, defraud, rob, snatch, extort, or intentionally damage public or private property are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB;
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You can go directly to the police to deal with it, the other party is blackmailing money, you must not be afraid and don't panic immediately, you can call the police directly, and then they will be afraid.