Joke Collection Website - Bulletin headlines - If the compensation is too much, can you sue for extortion
If the compensation is too much, can you sue for extortion
1. The crime of extortion refers to the act of extorting public or private property by threatening or coercing the victim for the purpose of illegal possession;
2. The amount of extortion of public or private property is between 2,000 yuan and 5,000 yuan, between 30,000 yuan and 100,000 yuan and between 300,000 yuan and 500,000 yuan, which shall be deemed as "large amount", "huge amount" and "especially huge amount" as stipulated in Article 274 of the Criminal Law.
The crime of extortion should be identified from the following aspects:
1. The object of this crime is a complex object, which not only infringes on the ownership of public and private property, but also endangers the personal rights or other rights and interests of others;
2. Objectively, the crime is manifested in the behavior of the perpetrator forcing the victim to hand over property by means of threats, blackmail, intimidation, etc., such as threatening to kill, hurting, exposing privacy, destroying property, etc.
3. The subject of this crime is the general subject. Any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime;
4. Subjectively, the crime shows direct intention.
The sentencing standards for the crime of extortion are as follows:
1, extortion of public or private property, the amount is relatively large or repeated extortion, 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;
2. 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;
3. 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.
To sum up, it is normal for both parties to dispute the amount of compensation, and it cannot be regarded as extortion. If negotiation fails, it can be settled through litigation.
Legal basis:
Article 274 of the Criminal Law of People's Republic of China (PRC)
Crime of extortion 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.
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