Introduction
"Phut " one noise, the window glass in the home was smashed; After be in debt, be demanded repayment the person is annoyed, come easily " talk about confabulate " ; Short message, language is minatory " or else returns money to break a hand to break a leg " ... such thing, did not use traditional and violent method, but similar panic letting a person.
It is very intractable that its processing rises: Smash the record such as glass the value is little, evidence is collected hard, the other side can be offerred again view plausible bill signed in acknowledgement of debt, can handle as dispute only normally...
Recently, 4 branches combine the supreme court, highest procuratorate, the Ministry of Public Security, judiciary file of print and distribute, penalize clearly formally lawfully " weak force " crime.
Rose on April 9, according to relevant law laws and regulations, "Weak force " criminality will get punishing severely!
"Weak force " also be crime!
Top magic art, highest check, the Ministry of Public Security, judiciary combined print and distribute to be carried out about dealing with recently " weak force " criminal case the opinion of a certain number of problems, penalize clearly lawfully use " weak force " executive crime.
The opinion points out --
"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.
How be " weak force " crime?
According to the opinion, "Weak force " illegal crime method normally expressional form has:
Violate the measure of person right, democratic right, property right, include but not be confined to dogs stick lean, pestiferous, mudslinging, ill will informs against threaten, circumvent of bring a false charge against sb, destroy, occupy property by force to wait;
The method of disturbed and normal life, job, production, management order, include but not be confined to invades other house illegally, destroy living facilities, setting word of the life obstacle, gush that stick a newspaper, pull hang a banner, set off firecracker, broadcast funeral music, put contamination of wreath, douse, cut off the water supply cut off the power, labour of the block that block the door up, and through driving from personnel of course of study, accredit the means such as personnel guard division of workshop of control of direct or indirect ground, office, management place;
The method of disturbed society order, include but not be confined to places field manner put on a show of force, gather a crowd fool be troubled by make trouble of mobbish, block the way to wait;
Other a tally issued by a ruler to generals is acceptability see a regulation " weak force " method.
"Weak force " crime will be punished severely!
The opinion points out --
The liability that strong demand does not accept law to protect or because of other and illegal purpose, employ, incite other to use " weak force " freedom of person of illegal privative other forms the method to imprison a blame illegally, invade affray of other residence, provoke illegally perhaps, form what invade residential blame, provoke affray blame illegally, to employ person, the person that incite, general ought to with the prime culprit punish in collective crime; Because legal liability, marriage loves oneself and close relative, the folk such as dispute of family, neighborhood is contradictory and employ, incite, did not cause serious consequence, general nonfeasance crime is handled, but the except that check via concerning a branch to criticize or still continues to carry out.
Cheng thunder expresses associate professor of courtyard of law of Chinese people university, the opinion is seasonable and strong responded to sweep black the blow focal point in dividing evil special accuse and denounce at a meeting, difficulty, for " weak force " of criminal case deal with offerred the tool detailed account with accurate, detailed essence, also held to law bottom line at the same time, in limit " weak force " the respect such as form of legal nature, expression, came true " hit hit early small " strategy of prevention and cure and " dozen allow dozen of fact " the organic union between judicatory strategy.
, zhejiang court is applied first new come on stage " weak force " relevant provision
Party both sides
Easy of the accused person is such-and-such, hunan bosom turns a person, shack in Heibei Langfang now, drug taking becomes addiction, ever was punished 3 times by administration because of drug taking, be enforced to keep apart poison of Buddhist monastic discipline;
Transport power of numerous card of the root of antipyretic dichroa of fall victim unit supplies chain management limited company, it is a base oneself upon at " Internet + highway transportation " transport power enterprise, scope of business spreads all over the whole nation, it is project of capital attraction of key of the root of antipyretic dichroa.
Case reviewing
At the beginning of 2017, some is informed Shu Mou the driver is defaulted by business of acceptance of consignment freight, produced the opinion that the side demands repayment to profit from which.
And actually, classics of company of numerous card of the root of antipyretic dichroa checks paid already and all freight, what owe 4400 yuan of freight to already also was down business of class acceptance of consignment to send case to urge pay, actually other company owes additionally 140700 yuan of freight.
These circumstances, some knows Shu Mou, but he does not have convergence however, continue to demand repayment through be in group in release " announce of offer a reward " , give bonus of high specified number, compensation to control the fashion such as fare, incendiary driver is sequestered inside countrywide limits the goods of company of numerous card of the root of antipyretic dichroa, company of numerous card of press the root of antipyretic dichroa pays not to belong to the freight that our company owe.
Final, by force of the menace with such-and-such easy, company of numerous card of the root of antipyretic dichroa paid freight 151700 yuan, easy is such-and-such gain profit from which 19500 yuan.
This, it is typical " weak force " the expressional form of illegal crime. The behavior with such-and-such easy, belong to " through website sth resembling a net or communication tool " carry out " the effect is normal the life, job, production, manage " criminality.
Cognizance result: Sentence a set term of imprisonment 3 years lawfully
In this law case of the root of antipyretic dichroa, easy is such-and-such be sentenced lawfully set term of imprisonment 3 years.
Forensic cognizance thinks:
Easy of the accused person is such-and-such for seek illegal profit, use method of soft violent crime, have a hand in civilian dispute illegally, take by force extortionary, issue announcement of offer a reward through website sth resembling a net and communication tool, threaten, negotiation, menace buckles goods to wait for weak force means, make chief of be murdered unit generates panic, paid the freight that should not pay by its originally, affected the normal production of course of study of traffic content popularity, management order badly, destroyed battalion business environment, damage profit of civilian battalion company, the clue is serious, behavior makes provoke affray crime, sentence a set term of imprisonment 3 years lawfully.
The opinion is textual
Procuratorate of top people court, top people, the Ministry of Public Security, judiciary
Carry out about dealing with " weak force " criminal case the opinion of a certain number of problems
Fulfil to be carried out deep in the center of sweep about beginning black the decision-making deploy that divides evil special accuse and denounce at a meeting, procuratorate of proper understanding and courtyard of civil code of applicable and top person, top people, the Ministry of Public Security, judiciary " about handling case of crime of black vicious power the directive opinion of a certain number of problems " (the law sends 〔 2018 〕 1, the following abbreviation " directive opinion " ) about be being used to penalizing lawfully " weak force " the regulation of executive crime, handle relevant crime case lawfully, basis " criminal law " " criminal procedural law " reach document of concerned judicatory explanation, normative sex, offer following opinions:
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, " weak force " illegal crime method normally expressional form has:
(one) the measure that violates person right, democratic right, property right, include but not be confined to dogs stick lean, pestiferous, mudslinging, ill will informs against threaten, circumvent of bring a false charge against sb, destroy, occupy property by force to wait;
(2) the method of disturbed and normal life, job, production, management order, include but not be confined to invades other house illegally, destroy living facilities, setting word of the life obstacle, gush that stick a newspaper, pull hang a banner, set off firecracker, broadcast funeral music, put contamination of wreath, douse, cut off the water supply cut off the power, labour of the block that block the door up, and through driving from personnel of course of study, accredit the means such as personnel guard division of workshop of control of direct or indirect ground, office, management place;
(3) the method of disturbed society order, include but not be confined to places field manner put on a show of force, gather a crowd fool be troubled by make trouble of mobbish, block the way to wait;
(4) other those who accord with original idea to see the first regulation " weak force " method.
Through website sth resembling a net or communication tool is carried out, accord with original idea to see the illegal crime shift of the first regulation, ought to maintain for " weak force " .
3, behavior person is carried out " weak force " , have one of following state, can maintain make for enough other produces scared, panic to form then psychology enforces or it is freedom of person of enough influence, limitation, normal to endanger person belongings safety to perhaps affect the life, job, production, manage:
(one) black vicious power carries out;
(2) carry out with name of black vicious power;
(3) Ceng Yin organization, leader, play gangdom character group of crime of organization, vicious power, vicious power and because force to trade, imprison illegally, blackmail, gather a crowd after the crime such as affray of affray, provoke has sufferred criminal to punish, carry out again;
(4) carry lethal weapon to carry out;
(5) organically carries out or enough makes other thinks violent, menace has real possibility;
(6) other enough makes other produces scared, panic to be formed then psychology enforces or it is freedom of person of enough influence, limitation, normal to endanger person belongings safety to perhaps be affected the life, job, production, case that manage.
Carry out by much person, fictional or bright show experience of violent illegal crime to undertake threatening, or with signing up organization, head oneself date, unified move is installed, show tattoo the skin, special label and other bright show, allusive means, enough makes other feels relevant behavior have constituent sex, ought to maintain for " carry out with name of black vicious power " .
Carry out by much person, only should partial behavior person is accorded with this the first (one) to (4) what list case, this hold water namely.
Although specific carry out " weak force " behavior person is not accorded with this the first (one) , (3) what list case, but employ person, the person that incite or get together person accord with, this hold water.
4, " weak force " the method is belonged to " criminal law " the 294th the 5th (3) " characteristic of behavior of gangdom property organization " and " directive opinion " the 14th " vicious power " in the concept " other measure " .
5, 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.
" about dealing with statute of comfortable use of case of provoke affray criminal the explanation of a certain number of problems " in reaching the 4th the 2nd times " for many times " ought to understand commonly to provoke affray behavior is carried out 3 times inside 2 years above. 3 times behavior of above provoke affray includes the action of same category already, also include the action of distinct category; Include to did not get the act that administration punishs already, also include to already got the act that administration punishs.
6, 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.
7, 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.
8, 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.
" about dealing with statute of comfortable use of blackmail criminal case the explanation of a certain number of problems " the 3rd in " the blackmail inside 2 years 3 above " , include to already got the act that administration punishs.
9, use " weak force " method, form two kinds of above to commit a crime at the same time, lawfully according to punishment more serious crime convictions punishment, law has formulary except additionally.
10, see the 5th according to original idea, the 8th regulation, the behaviour that penalizes to already getting administration investigates criminal duty, the administration that gets before for the person all right detains punishment to ought to be folded reach prison term, amerce ought to be touched buckle fine.
11, employ, incite other to use " weak force " the method forces to trade, blackmail, form force to trade of blame, blackmail blame, to employ person, the person that incite, general ought to with the prime culprit punish in collective crime.
The debt that does not get legal protection for strong demand or because of other and illegal purpose, employ, incite other to use " weak force " freedom of person of illegal privative other forms the method to imprison a blame illegally, invade affray of other residence, provoke illegally perhaps, form what invade residential blame, provoke affray blame illegally, to employ person, the person that incite, general ought to with the prime culprit punish in collective crime; Because legal liability, marriage loves oneself and close relative, the folk such as dispute of family, neighborhood is contradictory and employ, incite, did not cause serious consequence, general nonfeasance crime is handled, but the except that check via concerning a branch to criticize or still continues to carry out.
12, this opinion applies since April 9, 2019.
