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Is asking mistress for money blackmail?
First, the conditions for the court to determine derailment
1, written approval, written guarantee, letter of commitment, confession, etc. Written by a client who had an affair.
2, I recognize the recording, the actor himself admits the recording of extramarital affairs, and demands that the recording be true and legal. This requires that the way of obtaining evidence should be legal.
Children born out of wedlock need each other's consent. Otherwise, a paternity test is needed, which is very troublesome.
4. Shocking news.
5, witness testimony, but it is difficult to independently prove the facts of extramarital affairs.
6, recording materials, some voice records related to extramarital affairs.
So if you use violence, intimidation and other means, or abuse the law, with the help of official authority. Asking others for unreasonable or illegal property is extortion; If it is a voluntary loss, it is not a forced surrender of property, let alone extortion.
Legal basis:
Criminal law of the people's Republic of China
Article 274
Crime of extortion
Whoever extorts a large amount of public or private property or repeatedly extorts it 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.
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