How do you evaluate a female auxiliary police officer who had sex with several officials and demanded a huge amount of money for various reasons?


From March 2014 to April 2019, xu, a female auxiliary police officer born in the 1990s, at the same time or continuously had improper sexual relations with a number of public officials, including the deputy director of the Public Security Bureau, the director of the police station, the deputy director of the health center, and the principal of the primary school. Later, for various reasons, she successively demanded a total of 3.726 million yuan from a number of victims (source:Xiaoxiang News).Such a case, noisy, which reflects some aspects, but this is a case after all, has its particularity, on the female auxiliary police behavior qualitative views differ, this article combined with the case, according to the relevant provisions of the criminal law, carry out analysis, please correct and discuss.Female auxiliary police does not constitute the crime of bribery bribery refers to the doer in order to seek improper interests and give property to the state staff behavior.The interests of law violated by this crime are the bribe-worthiness of state functionaries.In this case, whether female auxiliary police sought other illegal benefits through sexual bribery is unknown. However, sexual bribery with her own body does not constitute the crime of bribery, which is derived from the provisions of China’s criminal law.Article 389 of the Criminal Law of the People’s Republic of China whoever, for the purpose of seeking illegitimate benefits, gives money or property to a state functionary shall be guilty of bribery.China’s criminal law clearly stipulates that, in order to seek improper interests, to give property to state personnel, is the crime of bribery.The property here must be items or benefits that can be priced according to law. The Provisions of the Supreme People’s Procuratorate on the standards for the filing of cases directly accepted by the People’s Procuratorate (Trial) have clearly defined the amount standard for the crime of bribery. Therefore, the goods bribed by the doer in the crime of bribery must be the property that can be priced according to law.It is difficult to price sexual bribery in accordance with the law. If it can be priced, it is bound to cause such an unfavorable situation that it is inappropriate to price sexual bribery in accordance with the state level.Therefore, this paper tentatively believes that sexual bribery does not constitute the crime of bribery.Female auxiliary police suspected of crime of Extortion Article 274 of the Criminal Law Of the People’s Court If the amount involved is relatively large or if the amount is extorted repeatedly, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined;If the amount involved is huge, or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined;If the amount involved is especially huge, or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined.The crime of extortion is to use intimidation, threat or blackmail to the victim for the purpose of illegal possession, illegal occupation of the victim’s public and private property behavior.The threat here means that the victim is forced to dispose of property by notifying each other of evil and harm, that is, if the property is not disposed of in accordance with the actor’s requirements, the evil will be realized at a certain time in the future.There is no limit to the content of the threat, as long as it is sufficient to cause fear in others, and the threat itself does not have to be illegal.In this case, female auxiliary police knew that their line is illegal, but it is legal to inform the judicial authorities, female auxiliary police to the judicial authorities to threaten to obtain property, also set up the crime of extortion.There is no limit to the method of threat, which may be either explicit or implied;You can use words as well as gestures;The victim may be notified either directly or through a third party.The result of the threat is to make the victim fear, and then in order to protect their own greater interests and dispose of their own large amount of property, and then the actor to obtain property.Accordingly, the auxiliary police was charged with extortion for having sex with multiple people and demanding property from others for various reasons.Illegal benefits in the crime of extortion the so-called illegal benefits is indeed a topic worth discussing, the case can be clearly, if female auxiliary police with real pregnancy to the relevant public officials to ask for necessary life and nutrition expenses, should not be regarded as illegal benefits.However, the female auxiliary police beyond this scope, with the reputation of the other party to blackmail, to obtain the relevant benefits, is the evaluation of the illegal benefits of the crime of extortion, or involved in the crime of extortion.Because article 274 of China’s criminal law, the crime of extortion is the amount of crime, for the perpetrator extortion size, sentencing is different, therefore, in this case, the amount of female auxiliary police extortion is yet to be detailed.The amount of extortion extorted by a female auxiliary can not be calculated as the total amount of money demanded by the female auxiliary from multiple public officials.Conclusion: Through the above analysis, in this case, female auxiliary police suspected of extortion crime without doubt, but the amount of extortion remains to be discussed.Although female auxiliary police does not constitute the crime of bribery, but the relevant responsibility of the relevant personnel needs to be ascertained, which are two completely different legal relations.The above only represent the views of this article, please correct and discuss.The criminal law copyright belongs to the original author, if there is infringement, please contact delete, thank you

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