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Is it illegal for primary school students to extort money?
Legal analysis
It is not illegal for primary school students to be under 14 years old, but if they are over 14 years old and under 18 years old, they should be given a lighter or mitigated punishment. Light punishment here refers to the lower limit of statutory punishment, and light punishment here refers to the next level of statutory punishment. If the sentence should be more than five years, the actual sentence should be less than five years. Those under the age of 16 who have not been subjected to criminal punishment shall be ordered to be disciplined by their parents or guardians, and when necessary, they may be taken in by the government for reeducation. When necessary, it means that there is no one at home to discipline or their parents or other guardians lack the ability to discipline, or when the masses, grass-roots organizations, residents' committees and villagers' committees strongly demand the government to accept education, the government may accept education from the perspective of social protection. In many cases of property infringement, such as fraud and theft, the amount of crime is not determined by the amount at the time of arrest, but by the amount of each crime, and the final accumulated amount is determined as the amount of crime. The starting point of criminal responsibility for fraud is 16 years old. If the crime is minor, it shall be given a lighter or mitigated punishment according to law. The specific sentencing depends on the amount and means of fraud.
legal ground
Article 266 of the Criminal Law of People's Republic of China (PRC) stipulates that whoever defrauds public or private property in a relatively large amount 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 or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
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