Guilty suspect is based on different goal to use weak force to the injured party, can make a variety of crime, so what circumstance is belonged to " weak force " method, at this point office of attorney of ferry of river all day long will to everybody popularize relevant law content.
Use " weak force " what does the case that the method makes crime have?
1, use soft violent means to be taken by force to individual bearer extortionary " administration fee " , play havoc with social order, make provoke affray crime: Travel humanness organically is used mobbish, pester, the soft violent means such as follow at sb' heels for many times to individual bearer illegal collection " administration fee " , belong to take by force extortionary, its are inside certain limits common people of bully and oppress, play havoc with social order, make provoke affray crime.
2, vicious power gang is used to demand repayment " weak force " the method is mobbish, threaten other, the clue is abominable, can establish provoke affray blame: To incur debt, get together much person for many times in order to block font of the door, spray up, spill dung, put wreath and joint strip, break the pattern such as glass mobbish, threaten the injured party, accord with gang of vicious power crime to use " weak force " the case of executive crime, affect other job, life badly, cause abominable society to affect, and after checking via concerning a part, still continue to carry out, can establish provoke affray blame.
3, although did not use weapon, did not undertake beating up, but use " weak force " the method makes the injured party generates psychological fear, ask for property of the injured party forcibly thereby, can establish blackmail blame: It is a purpose with detinue, organize much person to carry to illegal battalion personnel adopts menace for many times, pester, threaten the injured party does not let his leave those who wait for spirit to enforce " weak force " method, although did not use weapon, did not undertake beating up, but make the injured party generates psychological fear, ask for property of the injured party forcibly, can establish blackmail blame.
4, take soft violent step, force other to accept a service, the clue is serious, can hold water force to trade blame: Society of verbal menace, employ has in using the process that collecting administration fee disengaged personnel makes the impetus, interference before be being surrounded in stall the weak force method such as business door deal, right business door form is detered into psychology and enforce, coerce with negotiation name business door agrees with imparity item again, belong to adopt minatory method to force other to accept a service, the clue is serious, can hold water force to trade blame.
5, to demand repayment, adopt soft violent method of privative others freedom, can form imprison a blame illegally: To beg debt, go belt of the injured party different land, adopt accompany eat, accompany, accompany the soft violent means that employ person of illicit privative the injured party is free, form imprison a blame illegally.
[legal basis]
One, " weak force " it is to show behavior person is seek illegal profit or form illegal influence, perhaps undertake in concerned place to other mobbish, pester, fool be troubled by, gather a crowd go to situation, enough makes other produces scared, panic to form psychology to enforce then, or freedom of person of enough influence, limitation, endanger person belongings security, affect normal life, job, production, management illegal crime resort.
2, use " weak force " method, make other produces psychological fear to perhaps form psychology to enforce, belong to respectively " criminal law " of the 226th regulation " minatory " , " criminal law " the 293rd the first (2) of the regulation " threaten " , accord with other crime to make important document at the same time, ought to trade in order to force respectively blame, provoke affray blame convictions punishment.
3, organically for many times short time locks another person illegally, ought to maintain for " criminal law " of the 238th regulation " strip illegally with other method other person is free " . Lock another person illegally 3 times above, every time duration is in 4 hours of above, imprison time of other accumulative total illegally perhaps to be in 12 hours of above, ought to punish with imprisoning a blame illegally to conviction.
4, with " weak force " the method is entered illegally or stop of other residence, ought to maintain for " criminal law " of the 245th regulation " invade other house illegally " , accord with other crime to make important document at the same time, ought to punish with invading residential blame illegally to conviction.
5, it is a purpose with detinue, use " weak force " the method asks for state-private property forcibly, accord with at the same time " criminal law " the other crime of the 274th regulation makes important document, ought to conviction with blackmail blame punishment.
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