SPC and SPP interpretation on questions regarding the applicable law in blackmail and extortion cases

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blackmailChinese Title: 2013年两高关于办理敲诈勒索刑事案件适用法律若干问题的解释

The Supreme People's Court and Supreme People's Procuratorate's Interpretation of Several Issues Regarding the Applicable Law in Handling Criminal Cases of Extortion and Blackmail [Extortion] was passed by the 1575th session of the Adjudication Committee of the Supreme People's Court on April 15, 2013, and by the 2nd session of the 12th Supreme People's Procuratorate Prosecutorial Committee on April 1, 2013, and is hereby by declared effective starting on April 27, 2013.

Supreme People's Court

April 23, 2013

The Supreme People's Court and Supreme People's Procuratorate's Interpretation of Several Issues Regarding the Applicable Law in Handling Criminal Cases of Extortion

Legal Interpretations (2013) No. 10 was passed by the 1575th session of the Adjudication Committee of the Supreme People's Court on April 15, 2013, and by the 2nd session of the 12th Supreme People's Procuratorate's Prosecutorial Committee on April 1, 2013

The following interpretation on several issues regarding the applicable law in cases of extortion is made on the basis of the PRC Criminal Law and the PRC Criminal Procedure Law for the purpose of punishing the crime of blackmail and extortion and protect pubic and private property rights:

  Article 1: A "relatively large sum" , "a huge sum" and "a particularly huge sum" as provided for in Article 274 of the Criminal Law shall refer to blackmail or extortion of public or private property valued at 2000-5000 yuan or more, 30,000 to 100,000 yuan or more and 300,000 to 500,000 yuan or more, respectively.

The high people's courts and people's procuratorates of every province, autonomous region and directly governed municipality may research and determine the specific standard amounts to be applied, within the range of the proceeding provision and in accordance with the region's economic developmental and social order conditions.

  Article 2: In any of the following circumstances, fifty percent of the standard mentioned in Article one may be considered extortion of public or private property in "a relatively large sum"

(1) have previously received a criminal penalty for extortion ;

(2) have received an administrative punishment for extortion within one year ;

(3) Extortion from a minor, diabled person, senior or person who has lost the capacity to work ;

(4) Extorted by threats to commit crimes endangering public safety such as arson or detonation of explosives, or threats to commit crimes that seriously endanger citizen's rights in their person such as murder or kidnapping ;

(5) extorted in the name of sinister forces;

(6) Extorted by using the special status of, or posing as, a government worker, a soldier or media worker ;

(7) caused other serious consequences.

  Article 3: Extortion three or more times within two years, shall be recognized as "repeated extortion" as provided for in Article 274 of the Criminal Law.

  Article 4: Where there are any of the circumstances provided for in Article 2(3) through 2(7) of this interpretation, and extortion of public or private property is of an amount eighty percent of the standards provided in Article 1 for 'a huge amount' or 'a particularly huge amount' it may be respectively considered to be 'other serious circumstances' and 'other particularly serious circumstances' as provided in article 274 of the Criminal Law.

  Article 5: The circumstances of the crime may be considered minor and not prosecuted or excused from criminal penalty with the relevant department giving an administrative penalty in accordance with law, where the amount extorted is relatively large, the perpetrator admits guilt and repents, returns his gains and compensation and has any of the following circumstances:

(1) there are statutory leniency circumstances ;

(2) was not the principal offender and either did not get a share of the gains or got a relatively small share ;

(3) the victim has forgiven ;

(4) other circumstances are minor and the harm is not large.

  Article 6: Where extortion is of close families' property and they have been forgiven, it will not usually be considered a crime, where it is found to be a crime, discretion should be used to handle it leniently.

Where the victim has some blame for the extortion occurring, discretion may be used to give the perpetrator a lenient disposition according to the degree of the victim's fault and other case circumstances; where the circumstances are minor and the harm is not large, it will not be considered a crime.

  Article 7: Providing others, who are known to be committing extortion, with credit cards, phone cards, communication tools, communication channels, technical network support or other aid, will be punished as a joint crime.

  Article 8: Defendants who have committed the crime of extortion shall be fined in an amount greater than 2000 yuan and less than two times the amount extorted; defendants that did not obtain any property shall be fined be between two thousand and one-hundred thousand yuan.

  Article 9: After this interpretation is announced effective, "The Supreme People's Court Interpretation of Several Issues Regarding Setting Standards for Extortion and Blackmail Crimes" (Legal Interpretations [2000)11)is simultaneously repealed;where there are discrepancies between the prior interpretation and this interpretation, this interpretation is controlling.

 

 

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