How to collect evidence for blackmail

1. Keep extortion voice information, such as phone recordings, voice call recordings, etc.;

2. Find someone who knows about the extortion and ask him to testify for you;

3. Prove that the other party made a threat and that the purpose of the threat was to obtain benefits.

Materials that can be used to prove the facts of the case are all evidence.

Audio-visual materials such as documentary evidence, physical evidence, audio and video recordings. Such as text messages, emails, letters, etc. that can prove the fact of the threat. Such as bank transfer records proving that money has been given, Alipay transfer records, etc. Witness testimony. Witnesses who knew about the extortion and their testimonies, etc. If you are injured, take photos of the injured part in time and keep the photos and tools used to cause the injury. Provide medical records, diagnosis certificates and medical bills for your physical injuries. Victim statements; identification results; police inspection and inspection records, etc. can also be used as evidence. Of course, this does not mean that the victim cannot call the police without evidence, but having evidence can facilitate the police to file a case for investigation. Otherwise, the police may not file a case or may not be able to find the suspect guilty in the end.

The crime of extortion refers to the act of forcibly extorting public or private property by threatening or coercing the victim for the purpose of illegal possession. Whoever extorts public or private property, and the amount is relatively large, or who extorts for multiple times, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance, and shall also or solely 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. If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years and shall also be fined. The sentencing standard for the crime of extortion: Generally, the offender shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be fined. The crime of extortion refers to the act of forcibly extorting public or private property by threatening or coercing the victim for the purpose of illegal possession.

The three conditions that must be met for extortion are as follows:

1. The perpetrator is a general criminal subject, that is, a natural person who has reached the age of criminal responsibility and has the ability to be criminally responsible;

2. Objectively speaking, the actor should also meet specific behavioral structures: threatening others, causing the other party to feel fear, the other party disposing of property based on fear, the actor or a third party acquiring property, and the victim suffering property losses. There are many methods of violence or coercion, such as committing violence; exposing privacy, illegal and criminal activities; threatening to destroy reputation, etc. The form may be written or oral, or conveyed through a third party; it may be express or implied. When it comes to obtaining other people's property, you can either force the other party to hand it over on the spot or hand it over within a time limit. In short, it is to impose mental coercion on the owners and custodians of public and private property, causing them to have fear and fear of difficulties, and have to hand over the property as a last resort;

3. The perpetrator must have the ability to illegally possess other people's property. Purpose. If it is for other purposes, such as a creditor threatening the debtor to collect debt, this crime will not be constituted. As long as the above three conditions are met, regardless of whether the extortion is completed or attempted, the criteria for filing a case are met, and the public security organ should file the case.

I hope the above content will be helpful to you. If you have any other questions, please consult a professional lawyer.

Legal basis: "Criminal Procedure Law of the People's Republic of China"

Article 50

The materials that can be used to prove the facts of the case are all is evidence. Evidence includes:

(1) Physical evidence;

(2) Documentary evidence;

(3) Witness testimony;

(4) Victim's statement;

(5) Criminal suspect's and defendant's confession and defense;

(6) Identification opinion;

(7) Inspection and examination , identification, investigation experiments, etc. transcripts;

(8) Audio-visual materials and electronic data. The evidence must be verified to be true before it can be used as the basis for finalizing the case.