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How To Distinguish Between Robbery And Extortion

2010/11/16 9:51:00 40

Normally,

Robbery crime

and

Extortion

It is easy to distinguish. Two, though objectively speaking, crime can be seen as a way to take threats, but the threat is different. (1) from the point of view, robbery is a direct threat in the face of the victim, and extortion can not be issued in person.

(2) from time to time, robbery shows that the contents of threats should be realized on the spot without giving up the property, and extortion is usually the realization of threat content at a later time and the time of illegally obtaining property.

(3) from the point of view of content, robbery is a threat to killing people, while extortion is relatively widespread.

(4) different requirements for obtaining illegal interests.

The property possessed by robbery is limited to movable property and there is no specific amount requirement. Extortion is not restricted to property or property interests, and it must be a larger amount to constitute a crime.

But under the threat of violence, the difference between robbery and extortion is not so easy.

According to the theory and practice of criminal law, the following two aspects are generally distinguished:

1. look

Violent means

Whether or not the victim's resistance was achieved.

The violent means of robbery must achieve the degree of restraining the victim's resistance.

Because the essence of robbery is through violence, coercion or other ways to make the victim unable to resist or resist, thereby robbing property.

The threat of violence in extortion is mainly manifested in a spiritual compulsion, and it is not enough to restrain the slight violence of victim's resistance.

The consideration of the degree of violence should be based on whether it can inhibit the resistance of victims.

Combined with the actual age of victims, sex, physical strength and the environment at that time, we can make a comprehensive judgement.

The same form of violence may be enough for minors to suppress their resistance, but it is not necessarily for adult men.

2., whether violence threatens urgency in time and space.

The crime of robbery is threatened by violence on the spot. If the victim does not surrender the property on the spot, the actor will put the content of the threat on the spot, emphasizing the identity of the means and the result in time and space, and the victim being infringed is realistic and direct.

The threat of extortion is not urgent. The perpetrator often threatened to turn the threat content into reality if he did not meet the requirements, usually setting the time interval between some adverse consequences and turning into reality. The space-time span is generally larger, and to some extent, it provides a buffer for victims to suffer injury.