What's the difference between extortion and fraud? Will you be sentenced and convicted?

Although there are some similarities between the crime of fraud and the crime of extortion, from the actual situation, there are still many differences between them, including different objects, different objective performances, different subjective States of the victims handing over property, different filing standards, different prison terms and so on. Judging from the penalty, the sentencing standard of fraud is relatively heavy in criminal law, which means that fraud is more serious than extortion.

Specific analysis: the difference between fraud and extortion mainly lies in five aspects.

1. Different objects: the crime of extortion not only infringes on the ownership of public and private property, but also harms the personal rights or other rights and interests of others.

2. The objective performance is different: the crime of fraud focuses on "cheating" in behavior, that is, adopting the means of fictional facts and concealing the truth; The crime of fraud is to dispose of property when the victim has a wrong understanding. This kind of disposal should be voluntary and there is no psychological compulsion. The crime of extortion emphasizes "knocking", that is, threats, extortion, intimidation, etc., while extortion uses the property, personal safety and reputation safety of oneself or relatives as coercion means to force the victim to dispose of the property, which is not free, or psychologically compulsory and involuntary. .

3. The subjective state of the victim's surrender of property is different: the victim of fraud "voluntarily" surrenders property after being cheated; The victims of extortion are afraid of being forced to hand over their property.

4. Different filing standards: fraud, the amount is more than 3,000 yuan; The amount is huge and above 50,000 yuan; The amount is particularly huge, more than 200,000 yuan; Crime of extortion, the amount of which is more than 2,000 yuan; The amount is huge, exceeding 20,000 yuan.

5. Different prison terms: the crime of fraud can be sentenced to fixed-term imprisonment of 10 years or more and life imprisonment; The maximum penalty for extortion is 10 years in prison.

Extortion and fraud will be sentenced to a certain extent, and their respective filing standards are:

1. Criteria for filing the crime of extortion:

Whoever extorts or extorts public or private property in an amount between 2,000 yuan and 5,000 yuan, between 30,000 yuan and 100,000 yuan, between 300,000 yuan and 500,000 yuan shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 274 of the Criminal Law.

Legal basis:

According to the Supreme People's Court and the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Extortion:

Article 1 Whoever extorts or extorts public or private property in an amount of more than 2,000 yuan but less than 5,000 yuan, more than 30,000 yuan but less than 100,000 yuan, and more than 300,000 yuan but less than 500,000 yuan shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 274 of the Criminal Law respectively.

The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the local economic development and social security, jointly study and determine the specific amount standards implemented in their respective regions within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for approval.

Article 2 Under any of the following circumstances, the standard of "large amount" may be determined according to 50% of the standard stipulated in Article 1 of this Interpretation:

(1) Having received criminal punishment for extortion;

(2) Having received administrative punishment for extortion within one year;

(three) blackmail minors, disabled people, the elderly or people who have lost the ability to work;

(4) Threatening to extort money by committing crimes that endanger public security, such as arson and explosion, or crimes that seriously violate citizens' personal rights, such as intentional homicide and kidnapping;

(five) extortion in the name of evil forces;

(6) extorting money by using or pretending to be a staff member of a state organ, a soldier, a reporter and other special identities;

(7) Causing other serious consequences.

Article 3 Whoever extorts money for more than three times in two years shall be deemed as "multiple extortion" as stipulated in Article 274 of the Criminal Law.

Article 4 Extortion of public or private property falls under any of the circumstances specified in Items (3) to (7) of Article 2 of this Interpretation. If the amount reaches 80% of the "huge amount" and "especially huge amount" as stipulated in Article 1 of this interpretation, it can be recognized as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 274 of the Criminal Law respectively.

Article 5 If the amount of extortion is relatively large, and the perpetrator pleads guilty, repents, returns stolen goods or makes restitution under any of the following circumstances, it may be deemed that the circumstances of the crime are minor, and the relevant departments shall not prosecute or be exempted from criminal punishment according to law:

Having a statutory lenient punishment;

(two) did not participate in the distribution of stolen goods or less stolen goods and not the principal;

(3) the victim understands;

(4) Other circumstances are minor and harmless.

Article 6 Whoever extorts money from close relatives and obtains forgiveness is generally not considered a crime; If it is found to be a crime, it shall be treated leniently as appropriate.

If the victim is at fault for the occurrence of extortion, he may be lenient with the perpetrator as appropriate according to the degree of the victim's fault and other circumstances of the case; If the circumstances are obvious, minor and harmless, it is not considered a crime.

Article 7 knowingly providing credit cards, mobile phone cards, communication tools, communication transmission channels and network technical support to others. , should be punished for * * *.

Article 8 The defendant who commits the crime of extortion shall be sentenced to a fine of more than 2,000 yuan and less than 2 times; If the defendant fails to obtain property, he shall be fined between 2,000 yuan and 100,000 yuan.

Article 274 of the Criminal Law stipulates that whoever extorts or extorts 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; 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.

Article 266 of the Criminal Law 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.

2. Criteria for filing fraud:

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 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 or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.

Those who defraud public or private property in an amount of more than 3,000 yuan but less than 10,000 yuan, more than 30,000 yuan but more than 100,000 yuan and more than 500,000 yuan are respectively deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law.

The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.

Sentencing standard

Whoever commits this crime in length 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;

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 or life imprisonment, and shall also be fined or confiscated.

Legal basis:

According to the Supreme People's Court and the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud

Article 1 Whoever swindles public or private property in an amount of over 3,000 yuan, over 30,000 yuan, over 100,000 yuan and over 500,000 yuan shall be deemed as "large amount", "huge amount" or "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively.

The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.

Article 2 Whoever defrauds public or private property to the amount specified in Article 1 of this Interpretation, under any of the following circumstances, may be given a heavier punishment according to the provisions of Article 266 of the Criminal Law:

(1) Sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc., defrauding an unspecified majority;

(2) defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials;

(three) fraud in the name of disaster relief fund-raising;

(four) defrauding the disabled, the elderly or the disabled;

(5) Causing the victim to commit suicide, mental disorder or other serious consequences.

If the amount of fraud is close to the standards of "huge amount" and "extremely huge amount" as stipulated in Article 1 of this Interpretation, and it falls into one of the circumstances as stipulated in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be deemed as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law respectively.

Article 3 Although swindling public or private property meets the standard of "large amount" as stipulated in Article 1 of this Interpretation, if the perpetrator pleads guilty or repents, he may not be prosecuted or be exempted from criminal punishment according to the provisions of Article 37 of the Criminal Law and Article 142 of the Criminal Procedure Law:

Having a statutory lenient punishment;

(2) Before the verdict is pronounced in the first instance, all the stolen money and compensation money have been returned;

(three) did not participate in the distribution of stolen goods or less stolen goods and not the principal;

(4) the victim understands;

(5) Other circumstances are minor and harmless.

Article 4 Whoever defrauds the property of a close relative and the close relative knows it may generally not be treated as a crime.

If it is really necessary to pursue criminal responsibility by defrauding the property of close relatives, the specific treatment should also be lenient as appropriate.

Article 5 Anyone who attempts to defraud, with a huge amount or other serious circumstances, shall be convicted and punished.

Using telecommunications technologies such as sending short messages, making phone calls, and the Internet to defraud an unspecified majority of people, and the amount of fraud is difficult to verify. However, under any of the following circumstances, it shall be deemed as "other serious circumstances" as stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted):

(1) Sending more than 5,000 pieces of fraudulent information;

(2) Making fraudulent phone calls for more than 500 times;

(3) The fraudulent means are bad and the harm is serious.

If the number of acts specified in the preceding paragraph reaches more than ten times the standards specified in Items (1) and (2) of the preceding paragraph, or if the fraudulent means are particularly bad and the harm is particularly serious, it shall be deemed as "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted).

Article 6 If the accomplished fraud and attempted fraud reach different sentencing ranges respectively, they shall be punished according to the provisions of heavier punishment; Those who reach the same sentencing range shall be punished as fraud.

Article 7 Whoever knowingly provides credit cards, mobile phone cards, communication tools, communication transmission channels, network technical support, fee settlement and other assistance shall be punished as * * *.

Article 8 Whoever impersonates a functionary of a state organ to commit fraud and at the same time constitutes a crime of fraud shall be convicted and punished in accordance with the provisions of heavier punishment.

Article 9 If the ownership of fraudulent property and its fruits that have been sealed up, detained or frozen after a crime is clear, it shall be returned to the victim; If the ownership is unclear, the victim may be returned according to the proportion of the defrauded money and goods to the total amount of property and fruits seized, detained or frozen in this case, but the compensation already returned shall be deducted.

Article 10 The actor has used the defrauded property to pay off debts or transfer it to others. In any of the following circumstances, it shall be recovered according to law:

(1) The other party collects it knowing that it is fraudulent property;

(2) The other party obtains fraudulent property free of charge;

(3) The other party obtains fraudulent property at a price significantly lower than the market price;

(4) The fraudulent property obtained by the other party originated from illegal debts or illegal and criminal activities.

If another person obtains fraudulent property in good faith, it will not be recovered.