Several Opinions on the Application of Judicial Interpretations in the Handling of Criminal Cases of Extortion

 2018-06-19  55


· Area of Law: Criminal Law

· Level of Authority: Local Judicial Documents

· Date issued:08-06-2013

· Effective Date:08-06-2013

· Status: Effective

· Issuing Authority: Higher People's Court of Beijing Municipality

 

Notice of the Higher People's Court of Beijing Municipality on Issuing the Several Opinions on the Application of Judicial Interpretations in the Handling of Criminal Cases of Extortion
(August 6, 2013)
No.1 Intermediate People's Court, No. 2 Intermediate People's Court and No. 3 Intermediate People's Court of Beijing Municipality; Beijing Intermediate Railway Transport Court; and the people's courts of all districts and counties, and all railway transport courts:
The Supreme People's Court and the Supreme People's Procuratorate issued, on April 23, 2013, the Interpretations on Several Issues concerning the Application of Law in the Handling of Criminal Cases of Extortion (which shall come into force on April 27, 2013, hereinafter referred to as the “Judicial Interpretations in the Handling of Criminal Cases of Extortion”). Article 1 of the Judicial Interpretations in the Handling of Criminal Cases of Extortion provides that: “The higher people's courts and the people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in light of the economic development status of their respective regions, and in consideration of the social security situation, determine, within the scope of the amounts specified in the preceding paragraph, specific amount standards executed in their respective regions, and report them to the Supreme People's Court and the Supreme People's Procuratorate for approval. ” According to the aforesaid provisions, the Higher People's Court of Beijing Municipality has, in conjunction with the People's Procuratorate of Beijing Municipality, researched and determined the specific amount standards executed in Beijing Municipality, and report such standards to the Political and Legal Affairs Commission of the Municipal Party Committee for approval. The Higher People's Court of Beijing Municipality has formulated on this basis the Several Opinions on the Application of Judicial Interpretations in the Handling of Criminal Cases of Extortion, and requested instructions from the Supreme People's Court on these Opinions as discussed and adopted by the Judicial Committee. The Supreme People's Court and the Supreme People's Procuratorate approved recently in an official reply the opinions of our Court. The Opinions are hereby offered to you for your compliance and implementation.
The problems existing in execution shall be reported to the Higher People's Court of Beijing Municipality in a timely manner.

Several Opinions of the Higher People's Court of Beijing Municipality on the Application of Judicial Interpretations in the Handling of Criminal Cases of Extortion
The Supreme People's Court and the Supreme People's Procuratorate issued, on April 23, 2013, the Interpretations on Several Issues concerning the Application of Law in the Handling of Criminal Cases of Extortion (hereinafter referred to as the “Judicial Interpretations in the Handling of Criminal Cases of Extortion”). In order to correctly apply judicial interpretations, and accurately try criminal cases of extortion, several opinions are hereby offered for your compliance and implementation.
I. Amount standards for conviction and sentencing of crimes of extortion
1. When the courts of Beijing Municipality try the criminal cases of extortion as prescribed in Article 274 of the Criminal Law, the standards for determination of “large amount”, “huge amount” and “particularly huge amount” shall be respectively 3,000 yuan or more, 60,000 yuan or more, and 400,000 yuan or more.
2. Under any of the following seven circumstances as prescribed in Article 2 of the Judicial Interpretations in the Handling of Criminal Cases of Extortion, the standard for determination of “large amount” is 1,500 yuan or more: (1) The offender has received any criminal punishment for extortion. (2) The offender has received any administrative punishment for extortion in the last year. (3) The offender extorts property from minors, the disabled, the elderly, or persons incapable of work. (4) The offender extorts property by threatening to commit a crime endangering public security, such as arson or bombing, or a crime gravely infringing upon the personal rights of citizens, such as intentional killing or kidnapping. (5) The offender extorts property in the name of an evil forces or any other criminal gang. (6) The offender extorts property by taking advantage of his or her special identity of or posing as one with a special identity, such as a person in government service or military service or a journalist. (7) The offender causes any other serious consequences.
II. Principles of handling cases under trial
3. Where any criminal case in the first instance, which has been accepted but the judgment of which is not pronounced prior to the implementation of these Opinions, involves the crime of extortion, the specific amount standard as determined in these Opinions shall apply.
4. Where a case in the second instance or a case for review, which has been accepted but the judgment of which is not pronounced prior to the implementation of these Opinions, or for which a judgment of first instance has been made but the defendant appeals or the people's procuratorate files a protest, involves the crime of extortion, the specific amount standard as determined in these Opinions shall apply.
Where, according to the new specific amount standards and circumstances of a crime, the grade of the sentencing of a criminal punishment which shall be imposed is consistent with that as determined by the judgment of first instance, the original sentence shall not be changed in principle, unless the sentencing is too heavy.
Where, according to the new specific amount standards and circumstances of a crime, a criminal punishment which shall be imposed at a lower sentencing grade than that as determined by the judgment of first instance must be commuted, the commutation shall be made on the basis of ascertaining the facts, and the extent of the leniency shall not be too large.
III. Other matters
5. These Opinions shall come into force on the date of issuance. The relevant provisions of the Several Opinions on the Standards for Punishment of Theft and Other Five Crimes Infringing on Property Rights (No. 7 [2012] of the Higher People's Court of Beijing Municipality, hereinafter referred to as the “Several Opinions”) shall be no longer applicable.
6. Any problems existing in the process of the application of the judicial interpretations and these Opinions shall be reported to the High People's Court of Beijing Municipality in a timely manner.