What evidence is needed for extortion?

The crime of extortion requires the following seven kinds of evidence:

1. Keep the images and voice information containing blackmail content, such as telephone recording, audio recording, video recording, SMS, email, etc.

2. Find an insider to provide witness testimony;

3. The victim's statement;

4. confessions and excuses of criminal suspects and defendants;

5. Take photos of the injured part in time, and keep photos and injury tools. Provide medical records, diagnosis certificates and personal injury medical bills;

6. Records of the inquest and inspection;

7. Audio-visual materials.

The crime of extortion refers to the use of intimidation, threats or coercion against the victim for the purpose of illegal possession, which constitutes a crime.

On the basis of the starting point of sentencing, the amount of punishment can be increased and the benchmark punishment can be determined according to the amount and frequency of extortion, the severity of the crime and other criminal facts that affect the composition of the crime. If the amount of repeated extortion is relatively large, the starting point of sentencing shall be determined by the amount of extortion, and the number of extortion can be used as the adjusted benchmark punishment. If the amount of sentencing circumstances is not large, the starting point of sentencing shall be determined by the number of extortion, and more than three times shall be regarded as the fact of aggravating punishment.

legal ground

Criminal law of the people's Republic of China

Article 274 Whoever extorts public or private property for the crime of extortion, if the amount is relatively large or repeatedly extorts property, 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 and fined. Article 262bis Crime of organizing minors to engage in activities against public security. Whoever organizes minors to engage in activities against public security such as theft, fraud, robbery and extortion shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.