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 Wysłany: Czw 14:34, 31 Mar 2011 Temat postu: Several questions about the extortion of _2467 |
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On several issues of extortion
The embodiment is included in the crime against property, while the amount of crime but also as the main criteria for this crime sentencing provisions in the Penal Code. Second, the Accomplishment and attempted extortion actually accomplished and whether the attempted extortion of the points, which, the legal experts and judicial practice are considerable differences, a view that the crime of violation of a double object, behavioral Once implemented, not only constitutes an infringement of personal rights, even if no strong claim to public and private property, but also constitute the crime of consummated, that no attempt of this crime; another point of view, the crimes committed are the result of criminal law, which requires that the perpetrator implementation of the criminal law not only by the provisions of the act, and must have a specific harmful consequences, can constitute a crime accomplished, if the victim is not fear, therefore not hand over their valuables, that the harm did not result in specific consequences of the offense attempted. I agree with the second view. Offense from a class point of view, the results are committing crimes against property, the main consequences of the harm is directly caused by the loss of public and private property, therefore, to determine such accomplished and attempted crime, the general public and private property ownership should be whether the practice violated the standard. Complete form of blackmail is the result made that the perpetrator uses intimidation, threats and other means, to allow victims a sense of fear, which was forced to hand over property, that is accomplished; if the defendant's conduct did not arise because of fear or Notwithstanding the fears, but did not hand over their valuables, and all the attempted extortion. Typically, the Accomplishment and extortion are criminal who attempted to achieve effective control of property as the standard, but for the following two conditions should be taken seriously: (1) If the victim in the subject of threats, intimidation after the public security organs report, and in the judiciary's behest, with money to payment at the designated perpetrator, the perpetrator was caught red-handed when the teller to go, then regardless of whether the perpetrator will get the hands of the actual property are considered a crime should be attempted. Because at this property has been in the public security organ under the actual control of the victim, the offender's access to and control of property is only an illusion. (2) If in the above cases, the perpetrator made use of property in various ways to escape after the sudden, not caught in the act, before being captured, the composition accomplished. Because the property is fully in control of taking the actual perpetrators of the system under study, and successfully eliminated the victims and the public security organs for the physical control. Third, the Crime extortion judicial practice in the identification of extortion Zuiyufeizui should pay attention to the following questions: (a) criminal extortion and racketeering offenses boundaries. Extortion and If the perpetrator of the extortion plot was minor and the harm is not great, not a crime, and racketeering offenses should be qualitative. To determine whether acts are Did not cause damage if the results of extortion, blackmail, and the amount is not large, threatening people's dangerousness is also very small, generally should be handled by extortion offenses; if the extortion amounts, and the dangers threatening the reality of the content larger, or have serious harmful consequences, should be punished for the crime of extortion. (B) extortion and general intimidation of the boundaries. If the perpetrator is not for the purpose of illegal possession, but for other purposes, or the threat of blackmail victims, and in general should not be punished for this crime. (C) extortion and threatening behavior of the debt limit disputes. In debt disputes, frequently because of the other borrowers party did not return,[link widoczny dla zalogowanych], long-term occupation or intentionally fails to comply with the obligation to delay, then the use of threats, intimidation of the way, forcing the other party as soon as possible to fulfill debt obligations. For such cases, the creditor is not the purpose of illegal possession of other people's property, but simply a more robust approach to recovery by legal obligations, and its acts of intimidation are excesses, to each other resulting in undue pressure should be checked , but the first since the other party caused by illegal acts of intimidation, coercion acts, as long as the objective consequences of not causing actual harm, can be regarded as misconduct in civil disputes, should not be punished for this crime. (D) the owner demanded extortion money with behavioral boundaries. Picked up after the lost property of others, took the opportunity to ask property owner behavior, generally not advisable to deal with the crime of extortion. If the perpetrator to pick up a relatively large amount of property, refuse to return, can be regarded as embezzlement, but do not constitute the crime. Of: Gansu Provincial People's Procuratorate Editor: Xu Ying 2 0 police seized 01 professionals Viagra 5f41 · 『leaves ll
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