How to deal with blackmailers?

According to the actual situation, if someone is blackmailed by hooligans, because extortion may be suspected of a criminal offence and belongs to the jurisdiction of the public security organ, the victim can report the case to the public security organ for handling. If the public security organ refuses to file a case, it may apply for reconsideration or appeal to the procuratorate, and urge the public security organ to handle it according to law.

According to Article 274 of the Criminal Law of People's Republic of China (PRC), the crime of extortion refers to the act of extorting the victim's public or private property by threats or coercion for the purpose of illegal possession.

Article 274 of China's Criminal Law stipulates that whoever extorts a large amount of public or private property or extorts it repeatedly 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.

The crime of extortion is an important crime against property, and its criminal object is public and private property. Some scholars believe that the object of the crime of extortion is complex, including people and public and private property. Starting with the objective elements of the crime of extortion, the object of the crime of extortion can only be property ownership, so its criminal object only includes public and private property, but not people.

Extended data:

When determining the crime of extortion, we should pay attention to the following points:

(1) A large amount of extortion of property is an important constituent element of this crime.

(2) The difference between extortion and kidnapping. First of all, the crime of threatening to kidnap and extort money from others is the crime of extortion; If you kidnap a hostage and demand property on the condition of releasing the hostage, or threaten to hurt or continue to take the hostage and demand property, this situation is the crime of kidnapping.

(3) The difference between extortion and robbery. In the case that the perpetrator used violence to rob property, if the perpetrator used violence on the spot, the victim dared not resist and lost the ability to resist, and financial robbery on the spot should be defined as robbery; In the case of extortion threatened by violence, the behavior of the perpetrator threatening violence and then demanding property should be convicted of extortion in the future.

Therefore, the key to correctly distinguish the two crimes lies in: if you threaten violence on the spot to force the parties to pay in the future, it is a crime of extortion; Whoever robs property by violence on the spot shall be convicted and punished according to the crime of robbery.

References:

Baidu encyclopedia-extortion crime