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How to judge juvenile extortion?

Time: 2024.02.27 label: criminal defense Criminal punishment defense Reading: 919 people
Lawyer's analysis:
1. Those under the age of 16 need not bear criminal responsibility; If a person who has reached the age of 16 commits a crime, he shall bear criminal responsibility and, at the same time, be given a lighter or mitigated punishment.
2. Large amount or several times blackmail and impose exactions on Less than three years fixed-term imprisonment criminal detention or control , concurrently or separately fine 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 10 years and shall also be fined; Other statutory circumstances for sentencing. Crime of extortion It refers to the illegal occupation of the public and private property of the victim by means of intimidation, threat or coercion against the victim for the purpose of illegal possession, thus constituting a crime.
Legal basis:
Article 17 of the Criminal Law
If a person who has reached the age of 16 commits a crime, he shall bear criminal responsibility.
If a person who has reached the age of 14 but not the age of 16 commits intentional homicide, intentional injury that causes serious injury or death, rape, robbery, drug trafficking, arson, explosion, or the dropping of dangerous substances, he shall bear criminal responsibility.
Article 274 of the Criminal Law
Whoever extorts public or private property by extortion, if the amount is relatively large or repeatedly extorts, 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 if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined.
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Whoever is suspected of the crime of illegal detention shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. Those with circumstances of beating or insulting shall be given a heavier punishment. If serious injury is caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; Whoever causes death shall be sentenced to fixed-term imprisonment of not less than 10 years

 Lawyer Guo Chenyang
Lawyer Guo Chenyang
fifteen billion seven hundred and fifty-seven million one hundred and sixty-four thousand two hundred and seventy-two
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The maximum sentence for theft is not less than 10 years of fixed-term imprisonment or life imprisonment. According to the relevant laws and regulations of our country, if an individual steals a large amount of public or private property, he 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; The amount of personal theft of public and private property is special

 Lawyer Guo Chenyang
Lawyer Guo Chenyang
fifteen billion seven hundred and fifty-seven million one hundred and sixty-four thousand two hundred and seventy-two
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It depends on the specific crime and case. According to the law of our country, voluntary surrender refers to voluntary surrender after committing a crime and truthfully confessing one's crime. Criminals who voluntarily surrender may be given a lighter or mitigated punishment. Recidivists can still apply the sentencing situation of voluntary surrender

 Lawyer Guo Chenyang
Lawyer Guo Chenyang
fifteen billion seven hundred and fifty-seven million one hundred and sixty-four thousand two hundred and seventy-two
Consult me
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 Lawyer Guo Chenyang

Beijing Yingke (Hangzhou) Law Firm

Master of Law, Guanghua Law School, Zhejiang University, studied under Professor Wang Minyuan, a leading figure in criminal procedure law, TEM 8, a member of the Chinese Bar Association, a full-time lawyer of Beijing Yingke (Hangzhou) Law Firm, a core member of the Legal Affairs Department of Serious Criminal Cases, and a consultant lawyer of Zhejiang TV's Xiaoqiang Hotline. He has published several legal papers and participated in writing the book "The Secret of Profit ② - 53 Evidence Breakthroughs in Effective Defense", with profound theoretical foundation. He has been engaged in the legal profession for many years, served as legal counsel for many enterprises, and undertook various cases throughout the country, including Zhejiang, Shanghai, Shandong, Jiangsu, Jiangxi, etc., many of which are difficult and complex criminal cases. There are more than 60 lawyers in the department, many of whom have public security, procuratorial and legal work experience. Based on the elite lawyer team, they provide high-quality legal services for clients all over the country. ● Some host cases Cases with greater influence Weimou, Yangzhou, Jiangsu Province, defended in the first instance the crime of invading and illegally controlling computer system programs and tools (the profit from the game plug-in was more than 5 million yuan, and the sentence was eventually suspended after effective defense) Defense in the second instance of the case of Lumou robbing in Hangzhou causing death (robbing the driver of Didi car causing death, and was sentenced to death in the first instance) Hangzhou Public Security Bureau Defends the Principal in the 9.3 Extraordinary Gang Case of Manufacturing and Selling Counterfeit Temporary Licenses The defense of Luomou, Xihu District, Hangzhou, for the crime of smuggling drugs (more than 290 grams of illegal drugs) Jiaomou, Lin'an, Hangzhou, organized the second trial defense of the crime of sabotaging the implementation of the law by using guilds, evil X sects and superstitions (Fa X Gong) The first instance defense of a Shaoxing Xia suspected of escaping from a traffic accident and causing death (the statutory sentence is 3-7 years, and the final sentence is 2 years) First instance defense of the case of a certain director of Jinhua Yongkang suspected of illegally absorbing public deposits and defrauding loans (the procuratorate suggested 9-13 years, and the final sentence was 8 years and 6 months) Criminal defense in the first instance of the "Tonglu Gang" underworld (routine loan) in Xiaoshan District, Hangzhou City Criminal defense of the first case of Hangzhou Jiande involving criminal syndicate (routine loan, supervised by the central government) in the first instance Criminal defense in the first instance of Hangzhou Xiasha "Dong Family" Mafia case Criminal Defense in the First Instance of Hangzhou Tonglu Honglou Group's Gangster related Case Defense of illegal fund raising cases of Hangzhou's "Mizhuang", "Cloud", "Dongrong", "Jincheng", "Piaomiao" and other P2P platforms No prosecution by the procuratorate Xu Mou (overseas Chinese) of Suichang County is not prosecuted for the crime of illegal occupation of agricultural land and illegal disposal of seized property The case of Liu (foreign), who is suspected of smuggling ordinary goods, is not prosecuted by the Hangzhou Municipal Procuratorate No prosecution for the case of Mr. Li in Xiaoshan District suspected of intentionally destroying property The case of Shi in Xiaoshan District suspected of infringing on citizens' personal information will not be prosecuted Meimou in Xihu District is not prosecuted for the crime of affray The case of Lu in Gongshu District suspected of affray will not be prosecuted Xu, Xihu District, will not be prosecuted in the case of suspected dangerous driving Termination of investigation at the public security stage The investigation of the case of the crime of illegal trade in firearms and ammunition committed by Liao in Xihu District was terminated (supervised by the Ministry of Public Security) The investigation of the case of Mr. Wang in Xiasha Economic and Technological Development Zone suspected of extortion is terminated (routine loan) The investigation of the case of Luomou spreading obscene articles for profit in Xiasha Economic and Technological Development Zone was terminated The investigation of the case of Lei in Xiaoshan District suspected of organizing prostitution was terminated (acquitted) The investigation of the case of Chen in Xiaoshan District suspected of hosting and introducing prostitution was terminated (insufficient evidence) The investigation of Zhang's suspected theft case in Jianggan District was terminated (the circumstances are minor and do not constitute a crime) Investigation of the case of Wang Mou in Xihu District suspected of fraud is terminated (medical insurance fraud) The investigation of the case of Hu in Xihu District suspected of harboring prostitution was terminated (insufficient evidence) The investigation of the case of Mr. Li in Xiacheng District suspected of illegal possession of firearms was terminated (acquitted) The investigation of the case of Xu in Binjiang District suspected of duty embezzlement was terminated (insufficient evidence) The investigation of the case of Wu in Loudi, Hunan, suspected of organizing pyramid selling activities Investigation on the Case of Zhang in Xihu District Suspected of Opening a Casino Obtaining a guarantor pending trial Liao, Xihu District, is suspected of illegally transporting and buying and selling firearms and ammunition, and is on bail pending trial (for felony) Su, Xihu District, is suspected of drug trafficking and is on bail pending trial (for felony) A case of Zhou in Xiacheng District suspected of provoking trouble was released on bail pending trial (involving forced demolition, the charge was changed to the crime of deliberately destroying property) Yumou in Xiacheng District was granted a guarantor pending trial in the case of being suspected of provoking trouble (the crime was changed to intentional injury and minor injury) Jinhua Yongkang, a director, is suspected of illegally absorbing public deposits and defrauding loans, and is on bail pending trial (200 million yuan) Chen Mou in Yiwu is suspected of organizing leadership, pyramid selling activities and illegal fund-raising The case of Wu, a member of Ningbo Customs, suspected of smuggling imported waste, was released on bail pending trial Luomou, Danyang, Jiangsu Province, obtained a guarantor pending trial for the case of suspected infringement of citizens' personal information (more than 100 million pieces of information involved in the case) Wenling, Taizhou, a case of suspected infringement of citizens' personal information was released on bail Mao in Yueqing, Wenzhou, is suspected of fraud and is on bail pending trial (e-commerce agency operation) Zheng, Zhuji, Shaoxing, got a guarantor pending trial for suspected fraud (marital fraud) Shaoxing Zhuji Zhang got a guarantor pending trial in the case of suspected fraud (large crude oil platform fraud, involving more than 2 million yuan) Jinmou, Binjiang District, is suspected of illegal absorption of public deposits and is on bail pending trial Lv in Gongshu District is on bail pending trial for suspected theft (Jingdong platform fraud, involving more than 2 million yuan) Xiaoshan District Zhang is suspected of gambling crime and is on bail pending trial Mr. Li of West Lake District is suspected of fraud and is on bail pending trial (Didi Swipe X Single Fraud) The case of Jiang in Yuhang District on suspicion of opening a casino was released on bail Court probation The case of Chen in Shangyu for the crime of polluting the environment was suspended (the first case of local similar crime) The case of Gao in Xiacheng District suspected of fraud is suspended (alcohol trustee fraud) After arrest, the sentence of Cai in Yuhang District was suspended on suspicion of causing trouble Jingmou, Gongshu District, was arrested and suspended after being suspected of concealing his crime Mou in Xiacheng District is suspended after being arrested on suspicion of theft Suspension of sentence for the case of Ningmou in Xiacheng District suspected of illegally absorbing public deposits Suspected of dangerous driving, suspended sentence of Mr. Zhang in Xihu District Jiang Gan District Zheng is suspected of theft and his sentence is suspended The probation of the case of traffic accident crime in Xiaomou, Haining City Suspension of sentence for the crime of fraud committed by Mr. Zhang in Zhuji City (similar to futures trading)

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