第1个回答 2008-12-01
The racketeering acts only when a larger amount will constitute a crime. A huge amount, or any other serious circumstances, the aggravating circumstances of this crime, the so-called serious cases, mainly refers to: the crime of extortion recidivist; extortion crimes committed in a row; others do not know the facts of the crime and give the opportunity for extortion ; Chengrenzhiwei for extortion; Chengrenzhiwei for extortion; posing as the national staff of blackmail; extortion huge amount of public and private property; a means of blackmail and in particular the poor, causing the victim mental disorders, suicide or other serious consequences; and so on.(C) of the main elements of this crime as the main body of the main general. Where the statutory age of criminal responsibility and criminal responsibility with the natural ability of this can constitute a crime.(D) of the subjective element of the crime in the subjective aspects of the performance of direct deliberately, must have a strong claim of illegal property. If the perpetrator does not have such a purpose, the purpose of property obtained or is not against the law, such as creditors get back for a long time do not owe the debt but also with the use of certain elements of the language of threat, urged to speed up the debtor to repay, and so does not constitute the crime of extortion . [Edit this paragraph] three, that(A) completed this crime and attempted acts of the limits of the use or threat of coercion, illegal access to the property of others, it constitutes the crime of extortion completed. If the perpetrator is only the threat or use of the means of coercion, the victim did not have a feeling of fear and thus did not hand over property; Although the victims or had a fear, but did not hand over property, belong to the crime of attempted extortion.(B) of this crime and robbery from the boundaries of the letter, the "threat" is not only one of the means of robbery, extortion is the basic behavior patterns. However, the threat of specific different connotation: (1) from the threat of the way, the threat of robbery, in the presence of the victim's face was directly issued; extortion and threats can be sent in person or by letter, telephone or A third party to convey.(C) of this crime and the crime of the boundaries of a trickster in practice, some criminals are fake and public security officers, customs officers spot, business administration, as well as tax countries such as the identity of the staff, extortion money from others, seems to be a trickster with the same crime, but in reality Constitute the crime of extortion. The two main differences is a crime: 1, the characteristics of different acts. The crime of a trickster is characterized by deception, completely fooled by the false impression of the victim; acts of extortion, although it may contain an element of cheating, but by threats or blackmail characterized.2, causing the victim to hand over the property of different state of mind. A trickster in the crime, the victims have been deceived, "voluntary" surrender or transfer of property other legitimate rights and interests; and acts of extortion victims were caused by the spirit of fear, out of frustration, was forced to hand over property or other transfer of property interests.3, access to the scope of the different interests. Trickster access to the crime by a much wider range of interests, including not only property or property interests, including non-property interests, such as fraud or some kind of job title, political or honorary titles, such as treatment; extortion by limited access to the property.D, the object of various violations. Trickster is the object of the crime of violation of the state organs of the prestige and social order management; violations of the crime of extortion is the object of public and private property ownership and civil rights, as well as other legitimate rights and interestsFourth, the penalties for committing this crime, and three years imprisonment, criminal detention or control; tremendous amount or other serious circumstances, more than 10 years to three years in prison. Fifth, in accordance with the relevant standards for prosecution explained that the large amount of money involved is the 1000-3000 yuan. A huge amount to 10000-30000 yuan as a starting point
第2个回答 2008-11-30
The racketeering acts only when a larger amount will constitute a crime. A huge amount, or any other serious circumstances, the aggravating circumstances of this crime, the so-called serious cases, mainly refers to: the crime of extortion recidivist; extortion crimes committed in a row; others do not know the facts of the crime and give the opportunity for extortion ; For extortion Shengrenzhiwei; posing as the national staff of blackmail; extortion huge amount of public and private property; a means of blackmail and in particular the poor, causing the victim mental disorders, suicide or other serious consequences; and so on.
(C) of the main elements of
This crime as the main body of the main general. Where the statutory age of criminal responsibility and criminal responsibility with the natural ability of this can constitute a crime.
(D) of the subjective element
Subjective aspects of this crime in the performance of the direct intentional, must have a strong claim of illegal property. If the perpetrator does not have such a purpose, the purpose of property obtained or is not against the law, such as creditors get back for a long time do not owe the debt but also with the use of certain elements of the language of threat, urged to speed up the debtor to repay, and so does not constitute the crime of extortion .
[Edit this paragraph] three, that
(A) completed this crime and attempted to define the limits
The perpetrator used a means of blackmail or threats, unlawful access to the property of others, it constitutes the crime of extortion completed. If the perpetrator is only the threat or use of the means of coercion, the victim did not have a feeling of fear and thus did not hand over property; Although the victims or had a fear, but did not hand over property, belong to the crime of attempted extortion.
(B) of this crime and robbery boundaries
From literally, a "threat" is not only one of the means of robbery, extortion is the basic behavior patterns. However, the threat of specific different connotation: (1) from the threat of the way, the threat of robbery, in the presence of the victim's face was directly issued; extortion and threats can be sent in person or by letter, telephone or A third party to convey. (2) From time to realize the threat, the threat of robbery for the performance of the threatened not to hand over such property, it is necessary to achieve the spot by the content of the threat; and the threat of extortion is generally expressed as, if not agreed to the request at a later A time to realize the threat. (3) from the content of the threat, the threat of robbery, are killed or injured, and other threats against the person; extortion and the threat of more extensive content, including acts of physical harm or destruction of property, reputation, and so on. (4) illegal from the time of obtaining property, robbery is a threat to the implementation of obtaining property on the spot; and extortion in the spot can also be made afterwards. We can see that both the threat of crime in both the distinction, and, if the above-mentioned facts of the case with the robbery of a threat to the characteristics of the line should be hauled before the robbery. If there is not one that should be punished to the crime of extortion.
(C) of this crime and the crime of the boundaries of a trickster
In practice, some criminals are fake and public security officers, customs officers spot, business administration, as well as tax countries such as the identity of the staff, extortion money from others, seems to be a trickster with the same crime, but in reality constitute the crime of extortion. The two main differences is a crime:
1, features a different act. The crime of a trickster is characterized by deception, completely fooled by the false impression of the victim; acts of extortion, although it may contain an element of cheating, but by threats or blackmail characterized.
2, causing the victim to hand over the property of different state of mind. A trickster in the crime, the victims have been deceived, "voluntary" surrender or transfer of property other legitimate rights and interests; and acts of extortion victims were caused by the spirit of fear, out of frustration, was forced to hand over property or other transfer of property interests.
3, access to the scope of the different interests. Trickster access to the crime by a much wider range of interests, including not only property or property interests, including non-property interests, such as fraud or some kind of job title, political or honorary titles, such as treatment; extortion by limited access to the property.
4, the object of various violations. Trickster is the object of the crime of violation of the state organs of the prestige and social order management; violations of the crime of extortion is the object of public and private property ownership and civil rights, as well as other legitimate rights and interests.
Fourth, sanctions
Guilty of this crime, and three years imprisonment, criminal detention or control; tremendous amount or other serious circumstances, more than 10 years to three years in prison.
V. prosecution standards
The light of the explanation is the large amount of money involved 1000-3000 yuan. A huge amount to 10000-30000 yuan as a starting point
好长......
累死了.....
第3个回答 2008-12-03
I can not help that these words translated into English, I would like to thank everyone
The reward points: 0 - from the end of the issue have 11 days 15 hours
The racketeering acts only when a larger amount will constitute a crime. A huge amount, or any other serious circumstances, the aggravating circumstances of this crime, the so-called serious cases, mainly refers to: the crime of extortion recidivist; extortion crimes committed in a row; others do not know the facts of the crime and give the opportunity for extortion ; For extortion Shengrenzhiwei; posing as the national staff of blackmail; extortion huge amount of public and private property; a means of blackmail and in particular the poor, causing the victim mental disorders, suicide or other serious consequences; and so on.
(C) of the main elements of
This crime as the main body of the main general. Where the statutory age of criminal responsibility and criminal responsibility with the natural ability of this can constitute a crime.
(D) of the subjective element
Subjective aspects of this crime in the performance of the direct intentional, must have a strong claim of illegal property. If the perpetrator does not have such a purpose, the purpose of property obtained or is not against the law, such as creditors get back for a long time do not owe the debt but also with the use of certain elements of the language of threat, urged to speed up the debtor to repay, and so does not constitute the crime of extortion .
[Edit this paragraph] three, that
(A) completed this crime and attempted to define the limits
The perpetrator used a means of blackmail or threats, unlawful access to the property of others, it constitutes the crime of extortion completed. If the perpetrator is only the threat or use of the means of coercion, the victim did not have a feeling of fear and thus did not hand over property; Although the victims or had a fear, but did not hand over property, belong to the crime of attempted extortion.
(B) of this crime and robbery boundaries
From literally, a "threat" is not only one of the means of robbery, extortion is the basic behavior patterns. However, the threat of specific different connotation: (1) from the threat of the way, the threat of robbery, in the presence of the victim's face was directly issued; extortion and threats can be sent in person or by letter, telephone or A third party to convey. (2) From time to realize the threat, the threat of robbery for the performance of the threatened not to hand over such property, it is necessary to achieve the spot by the content of the threat; and the threat of extortion is generally expressed as, if not agreed to the request at a later A time to realize the threat. (3) from the content of the threat, the threat of robbery, are killed or injured, and other threats against the person; extortion and the threat of more extensive content, including acts of physical harm or destruction of property, reputation, and so on. (4) illegal from the time of obtaining property, robbery is a threat to the implementation of obtaining property on the spot; and extortion in the spot can also be made afterwards. We can see that both the threat of crime in both the distinction, and, if the above-mentioned facts of the case with the robbery of a threat to the characteristics of the line should be hauled before the robbery. If there is not one that should be punished to the crime of extortion.
(C) of this crime and the crime of the boundaries of a trickster
In practice, some criminals are fake and public security officers, customs officers spot, business administration, as well as tax countries such as the identity of the staff, extortion money from others, seems to be a trickster with the same crime, but in reality constitute the crime of extortion. The two main differences is a crime:
1, features a different act. The crime of a trickster is characterized by deception, completely fooled by the false impression of the victim; acts of extortion, although it may contain an element of cheating, but by threats or blackmail characterized.
2, causing the victim to hand over the property of different state of mind. A trickster in the crime, the victims have been deceived, "voluntary" surrender or transfer of property other legitimate rights and interests; and acts of extortion victims were caused by the spirit of fear, out of frustration, was forced to hand over property or other transfer of property interests.
3, access to the scope of the different interests. Trickster access to the crime by a much wider range of interests, including not only property or property interests, including non-property interests, such as fraud or some kind of job title, political or honorary titles, such as treatment; extortion by limited access to the property.
4, the object of various violations. Trickster is the object of the crime of violation of the state organs of the prestige and social order management; violations of the crime of extortion is the object of public and private property ownership and civil rights, as well as other legitimate rights and interests.
Fourth, sanctions
Guilty of this crime, and three years imprisonment, criminal detention or control; tremendous amount or other serious circumstances, more than 10 years to three years in prison.
V. prosecution standards
The light of the explanation is the large amount of money involved 1000-3000 yuan. A huge amount to 10000-30000 yuan as a starting point