The specific sentencing standards are as follows:
Whoever extorts a large amount of public or private property and commits the crime of extortion, starting from 1000 to 3,000 yuan, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. If the amount is huge or there are other serious circumstances, starting from 10000 yuan to 30000 yuan, he shall be sentenced to fixed-term imprisonment of more than 3 years and less than 10 years.
On the basis of the starting point of sentencing, the amount of punishment can be increased and the benchmark punishment can be determined according to the amount of extortion and other criminal facts that affect the composition of the crime. If the amount exceeds the large starting point but does not reach the huge starting point, the prison term can be increased by one month to three months for every increase of 2,500 yuan in the first-class area, 2,000 yuan in the second-class area and 1500 yuan in the third-class area.
According to Article 274 of the Criminal Law of the People's Republic of China, the crime of extortion refers to the act of illegally occupying the victim's public or private property by intimidation, threat or coercion for the purpose of illegal possession.
The crime of extortion is an important crime against property, and its criminal object is public and private property. Some scholars believe that the object of extortion is complex, including people and public and private property. Starting with the objective elements of the crime of extortion, the object of extortion can only be property ownership, so its criminal object only includes public and private property, but not people.
The perpetrator used threats or coercion to illegally obtain other people's property, which constituted the accomplished crime of extortion. If the perpetrator only used intimidation, threats or threats, the victim did not feel fear, so he did not hand over his property; Or the victim, despite his fear, did not hand over his property, which is an attempt of extortion.
In practice, some criminals often pretend to be public security personnel, customs inspectors, industrial and commercial administrators, tax collectors and other state workers to extort money from others, which seems to be the same as the crime of swindling and cheating, but actually constitutes the crime of extortion.