Current location - Plastic Surgery and Aesthetics Network - Plastic surgery and medical aesthetics - Does a slight injury of 70 thousand count as extortion?
Does a slight injury of 70 thousand count as extortion?
Does a slight injury of 70 thousand count as extortion?

A light sentence of 70 thousand is extortion. When you are slightly injured, everyone will choose to settle. Minor injuries are the most common type of fighting. Some people will be slightly injured if they can't fight hard and get out. Let's take a look at 70,000 yuan for minor injuries.

Is 70,000 personal injury blackmail? 1 legal analysis: if minor injuries are caused and both parties mediate and one party demands a higher amount, it is not extortion. On the one hand, although the amount requested is high, it has its legal basis for compensation; On the other hand, mediation follows the principle of voluntariness. If the other party does not agree, it can refuse mediation, so it is not blackmail.

Legal basis: Article 274 of the Criminal Law extorts and extorts public or private property, if the amount is relatively large or repeatedly extorts and extorts, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and fined.

This is not blackmail. You can disagree and negotiate again. If you hurt others, you need to compensate others for related expenses. If it constitutes the crime of intentional injury, you may need to bear the corresponding criminal responsibility. Legal basis: Article 234 of the Criminal Law of People's Republic of China (PRC). Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. "

Whether it is extortion or not should be judged according to the degree of injury, subjective mentality and respective faults of the victims. If the injury is not serious, the victim's medical expenses, rehabilitation expenses and other expenses total less than 20,000, and there is intentional extortion, you can call the police.

legal ground

Forty-ninth "People's Republic of China (PRC) Public Security Administration Punishment Law"

Theft, fraud, looting, looting, extortion or intentional damage to public or private property shall be detained for not less than five days but not more than ten days, and a fine of not more than 500 yuan may be imposed;

If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan.

Article 274 of the Criminal Law of People's Republic of China (PRC)

Whoever extorts a large amount of public or private property or repeatedly extorts it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined;

If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined;

If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and fined.

Is it blackmail to claim 70 thousand for minor injuries? 1. How much is the settlement for causing minor injuries to others?

There is no specific standard for individual claims, mainly based on the actual injury situation and consultation with the parties. If the circumstances are minor, such as fighting, damaging other people's property and other acts in violation of public security management caused by civil disputes, the public security organ may mediate. If the parties reach an agreement through mediation by the public security organ, they will not be punished.

If the mediation fails to reach an agreement or fails to perform after reaching an agreement, the public security organ shall punish the violator of public security administration in accordance with the provisions of this law, and inform the parties that they can bring a civil lawsuit to the people's court according to law.

Second, what expenses should be compensated for causing minor injuries to others?

Calculation of the amount of compensation for personal injury: If others are injured but not disabled, the medical expenses and income reduced due to absenteeism shall be compensated. Medical expenses generally include medical expenses, treatment expenses, nursing expenses, transportation expenses, accommodation expenses, necessary nutrition expenses, etc.

(1) medical expenses

Medical expenses are determined according to the hospital diagnosis certificate and regular medical invoices. Including the registration fee, examination fee, operation fee, medical fee, hospitalization fee, cosmetic fee and follow-up treatment fee paid by the other party for treatment;

(2) Nutrition fee

The amount of nutrition fee is determined according to the diagnosis certificate of nutrition demand and related expense certificate issued by students. Refers to the cost of purchasing nutrients other than daily diet for auxiliary treatment of diseases or recovery as soon as possible.

(three) lost time and nursing expenses

The lost time fee and nursing fee are determined according to the lost time fee and income of the other party or nursing staff. If there is a fixed income, the lost time fee shall be calculated according to the actual reduced income. If there is no fixed income, it shall be calculated according to its average income in the last three years; If the victim can't provide evidence to prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year.

(4) Transportation and accommodation expenses

Transportation expenses are calculated according to the actual transportation expenses and necessary accompanying personnel incurred by the other party for medical treatment or transfer to other hospitals;

Accommodation fees shall be paid according to the actual accommodation fees of the other party and its entourage;

Hospitalization food subsidies should be calculated according to actual expenses or local actual living standards;

(5) Disability compensation

Disability compensation is calculated according to the disability level determined by judicial appraisal and the living expenses or income standard of the other party's domicile or actual residence. According to the local per capita disposable income of urban residents or the per capita net income of rural residents in the previous year, it is calculated for 20 years from the date of disability. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years;

(6) Costs of assistive devices for the disabled

The cost of assistive devices for the disabled shall be calculated according to the reasonable cost standard of common applicable devices.

If it causes minor injuries to others, it is necessary to compensate the victim for medical expenses, lost time, transportation expenses, nursing expenses and other expenses. If it causes minor injuries to others, it involves a crime.

Is it blackmail to claim 70 thousand for minor injuries? How much is the claim for minor injuries?

If the beating causes minor injuries, in addition to the corresponding administrative punishment, medical expenses and other losses shall be compensated, and the specific amount shall be subject to the actual documents.

Article 43 of the Law on Public Security Administration Punishment, whoever beats others or intentionally hurts others' bodies shall be detained for more than five days and less than ten days, and shall be fined between two hundred yuan and five hundred yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan.

Under any of the following circumstances, the offender shall be detained for more than 10 and less than 15, and fined for more than 500 yuan 1000 yuan:

(a) gang beating, hurting others;

(2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14 or a person over the age of 60;

(3) Beating or injuring others for many times or beating or injuring more than one person at a time.

Under any of the following circumstances, the offender shall be detained for more than 10 and less than 15, and fined for more than 500 yuan 1000 yuan:

(a) gang beating, hurting others;

(2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14 or a person over the age of 60;

(3) Beating or injuring others for many times or beating or injuring more than one person at a time ".

Regarding your question about "how much does it cost to settle a minor injury", you don't have to bear criminal responsibility for minor injuries, but you will be sent to the police station to teach you how to pay the money. If a minor injury is reconciled, the meaning is ok, because it is not a serious injury. If the other person asks a lot, let him call the police.