Extortion in civil disputes is defined on the basis of legal requests, and violent means such as threats are not used. Judging the boundary between the crime of extortion and civil disputes lies not in the amount, but in whether there is a legal basis for the claim. If you don't use threats in the negotiation, you don't arouse the fear of the other party, you don't force demands, you just put forward demands during the negotiation, which doesn't meet the constitutive requirements of the crime of extortion.
Legal basis:
Article 274 of the Criminal Law
People's Republic of China (PRC) Civil Code
Article 10 Civil disputes shall be handled according to law; Where there are no provisions in the law, customs can be applied, but they must not violate public order and good customs.
People's Republic of China (PRC) Civil Procedure Law
Article 122 Where a civil dispute brought by a party to a people's court is suitable for mediation, it shall be mediated first, unless the party refuses to mediate.
Criminal law of the people's Republic of China
Article 274 Whoever extorts or extorts public or private property in a relatively large amount or repeatedly extorts or extorts money shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall 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.
Second, the consultation of civil disputes.
If the application for minor injury or serious injury identification constitutes a crime, criminal responsibility shall be investigated according to law. Whether it constitutes a crime or not, you can ask the other party to bear the liability for compensation. The specific amount can be settled through consultation. If negotiation fails, the other party may be sued.
Third, the definition of extortion and attempted crime.
The purpose of the judgment is that in the crime of extortion, the perpetrator threatens the victim and sends the victim the information that the victim has put the money somewhere, which is the end of the crime. Even if the perpetrator gave up the crime and didn't go to the designated place to withdraw money, it was an attempted crime rather than a suspension of the crime. Case 20 10 5 16 o'clock, the defendant Lin Rongpei sent a blackmail letter to Wen Naimian, the boss of Zhuhai Jinding Jingyi Jewelry Co., Ltd., by express mail in the name of "Hunan Duck Gang" in Zhuhai Post Office, Guangdong Province, extorting RMB 10000 yuan from him and ordering him to deposit the above money in Xiangzhou/kloc, Zhuhai on May 8. The victim Wen Naimian called the police after receiving the threatening letter. At about 8 o'clock on May 8 18, the public security organ placed a surveillance near Nankeng Market, but the defendant Lin Rongpei did not go to the scene to withdraw money. On May 4th, 20 10, the defendant Lin Rongpei was arrested and brought to justice. Defendant Lin Rongpei argued that there was a problem between him and former boss Wen Naimian, just to vent his anger, and he didn't really extort money, nor did he go to the place designated by the "threatening letter" to withdraw money, which was a crime suspension. His defender suggested that Lin Rongpei voluntarily gave up the crime after the threatening letter was sent out, which resulted in extortion of property and belonged to the suspension of crime. The People's Court of Xiangzhou District, Zhuhai City, Guangdong Province held that the defendant Lin Rongpei blackmailed other people's property by threatening to send threatening letters for the purpose of illegal possession, and the amount was huge. His behavior has violated the criminal law and constituted the crime of extortion. The defendant Lin Rongpei has started to commit a crime, but failed for reasons other than will. It is an attempted crime and can be given a lighter punishment according to the completed crime. According to Articles 274 and 23 of the Criminal Law, the court found the defendant Lin Rongpei guilty of extortion and sentenced him to three years' imprisonment. The defendant, Lin Rongpei, appealed on the grounds that his behavior belonged to the suspension of crime and the original trial was too heavy. The Intermediate People's Court of Zhuhai City, Guangdong Province held that the facts of the original judgment were clear, the evidence was true and sufficient, the nature was accurate, the sentencing was appropriate and the trial procedure was legal. 2010 65438+February 8, the court ruled that the appeal was rejected and the original judgment was upheld. Comment 1. This case belongs to the attempted crime of extortion, which refers to the act of threatening others and demanding a large amount of public and private property for the purpose of illegal possession. As a crime of extortion, it is usually the same that the actor gains benefits and the victim loses benefits, but sometimes this is not the case, that is, the actor actually does not gain benefits but the victim's interests are damaged. In this case, how to identify the criminal form of the perpetrator? The author believes that the purpose of criminal law is to protect interests, the essence of crime is to infringe on legal interests, and the identification of criminal forms should be based on the damage of legal interests. The expression of the crime of "for the purpose of illegal possession" in criminal law is only to make the infringement of legal interests reflected in the constitutive requirements reach the level of crime, or to distinguish this crime from that crime. Even if the criminal law requires the actor to pursue interests subjectively, when the objective situation of the actor's failure to achieve his purpose is inconsistent with the objective actual loss caused to the victim, we should understand that the essence behind the criminal law is the requirement of infringement of legal interests, and judge on this basis. Therefore, the identification of the criminal form of the crime of extortion belongs to the consequential crime, just like the general crime of theft and fraud. The criterion for determining the accomplished or attempted crime is to see whether the crime of extortion objectively causes actual damage to the victim's legal interest-property ownership. In this case, the defendant's extortion crime is completed, that is, the crime is over. How to understand the "end of execution" is different under different specific circumstances of different charges and specific charges, and it should be understood and understood in combination with specific cases. For example, in the crime of extortion, if the perpetrator threatens the victim to deliver the property directly to the perpetrator within a certain period of time, the situation should end with "delivering the property", because the perpetrator not only passed the information of extortion, but also directly received the property of the victim. In this case, the perpetrator threatened the victim to put the property somewhere, because there was no process of directly handing over the property, so the end of the perpetrator's criminal behavior should be determined by sending threatening information to the victim.
What are the definitions of robbery and extortion?
The main differences between robbery and extortion are:
1, the "threat" of robbery was directly issued by the perpetrator in front of the victim; The "threat" of the crime of extortion can be made in person, by letter or by telephone. , by the actor himself or a third person.
2. The "threat" of robbery is a threat to be implemented on the spot, and the content of the "threat" can be implemented on the spot; The "threat" of the crime of extortion is generally an imminent threat, not necessarily a threat on the spot. The content of the threat can be implemented on the spot or later.
3. Robbery is to force the victim to hand over property on the spot; The time and place for the crime of extortion to force people to hand over their property can be on the spot, or it can be a time and place designated later.
4. The property possessed by robbery can only be movable property; The property possessed by the crime of extortion can be movable or immovable.
5. In addition to threats, robbery also uses violence or other methods, which often violates the personal rights of the victims at the same time; The crime of extortion does not use violence or "other methods", so there is no violation of citizens' personal rights.
6. From the content of the threat, the threat of robbery includes the threat of personal injury such as murder and injury; The threat of extortion is broader, including personal injury or damage to property and reputation.
People's Republic of China (PRC) Civil Code
Article 10 Civil disputes shall be handled according to law; Where there are no provisions in the law, customs can be applied, but they must not violate public order and good customs.
People's Republic of China (PRC) Civil Procedure Law
Article 122 Where a civil dispute brought by a party to a people's court is suitable for mediation, it shall be mediated first, unless the party refuses to mediate.
Criminal law of the people's Republic of China
Article 274 Whoever extorts or extorts public or private property in a relatively large amount or repeatedly extorts or extorts money shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall 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.