Determination of the crime of extortion

The sentencing details of extortion are as follows: 1. If the crime of extortion is constituted, the starting point of sentencing can be determined within the corresponding range according to the following different situations: (1) If the amount of extortion reaches 1 10,000 yuan, the starting point of sentencing can be determined within the range of three months of criminal detention to six months of imprisonment. (2) If the amount of extortion reaches 6.5438+0 million yuan, the starting point of sentencing can be determined within the range of fixed-term imprisonment of more than three years and less than three years and six months. 2. On the basis of the starting point of sentencing, according to the amount and means of criminal facts such as extortion, the amount of punishment can be increased and the benchmark punishment can be determined: (1) If the amount of extortion exceeds 1 000 yuan, the benchmark punishment can be determined by increasing the sentence by one month every 200 300 yuan; If the amount of extortion exceeds 654.38+10,000 yuan, for every increase of 654.38+10,000 yuan to 2,000 yuan, 1 month can be increased to determine the benchmark punishment; The benchmark punishment determined according to the increase of the amount of extortion is generally not more than the statutory maximum punishment. (2) Every time the number of extortion increases, the sentence can be increased by three months; However, if the amount of extortion is large, the amount of punishment increased according to the number of extortion is generally not more than one year and six months; If the amount of extortion is huge, the amount of punishment increased according to the number of extortion is generally not more than three years. (3) In case of beating the victim, the sentence will be increased by 2 to 3 months for each minor injury; For each minor injury, the sentence will be increased from 6 months to 9 months. (4) posing as a functionary of a state organ for extortion; Serious consequences such as mental disorder and suicide of the victim and his relatives due to extortion; Blackmailing foreigners, compatriots from Hong Kong, Macao and Taiwan, the elderly, the weak, the sick and the disabled, resulting in adverse social impact, can increase the amount of punishment as appropriate to determine the benchmark punishment. 3. It is determined that the term of imprisonment for the crime of extortion is relatively large, but according to the criminal facts and sentencing circumstances of the crime of extortion, the term to be sentenced is above the statutory maximum penalty. Under any of the following circumstances, "other serious circumstances" can be identified, and the term of the crime of extortion can be determined within the statutory penalty range of three years to ten years; One of the following circumstances may be sentenced to three years' imprisonment. (1) Blackmail more than one person or many times; (2) posing as a functionary of a state organ for extortion; (3) Serious consequences such as mental disorder and suicide of the victim and his relatives caused by extortion; (4) Causing minor injuries or repeated minor injuries in the process of extortion; (5) the ringleader of the blackmail group; (6) Blackmailing foreigners, compatriots from Hong Kong, Macao and Taiwan, the elderly, the sick and the disabled, causing adverse social impact.

Legal objectivity:

Article 274 of the Criminal Law of People's Republic of China (PRC) 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. Explanations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Extortion Article 1 Whoever extorts public or private property in an amount of 2,000 to 5,000 yuan, 30,000 to 100,000 yuan and 300,000 to 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.