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There is a clear legal basis for sentencing

Source: 2020-10-22 09:03:37

Huaibei news network reporter recently learned from Xiangshan District People's court that the Supreme People's court, the Supreme People's Procuratorate and the Ministry of public security recently jointly issued the guiding opinions on handling illegal and criminal cases of "touching porcelain" (hereinafter referred to as the "guiding opinions"), which provides an effective basis for judicial practice.

From April 2016 to February 2019, in Xiangshan power supply district, one of sun and Ma alone or together with Ma ran into the victim's driving vehicle. After that, he stopped the vehicle for being injured, and used language threats to ask for money or cigarettes from the victim, extorting other people's property totaling more than 30000 yuan. After hearing according to law, the people's Court of Xiangshan district held that sun, alone or together with Ma, extorted other people's property for the purpose of illegal possession, with a large amount of money, and his acts all constituted the crime of extortion. Finally, the court ruled in accordance with the law: Sun committed the crime of extortion, sentenced to two years and six months of fixed-term imprisonment and a fine of 30000 yuan; Ma committed the crime of extortion, was sentenced to one year and six months of imprisonment, and was also fined 10000 yuan.

The reporter learned that the "guiding opinions" further clarified the legal application of punishing the illegal and criminal acts of "touching porcelain", the division of labor and cooperation between the public security organs and law departments, as well as conviction and sentencing, highlighting the pertinence and operability.

Some of them make use of the victim's own injury or make use of the traffic accident to cause injury to others; some of them make use of the traffic accident to cause injury to others; some of them make use of the traffic accident to cause injury to others; some make use of the traffic accident to cause injury to others Driving, driving without a license, incomplete procedures of motor vehicles and other illegal behaviors, fear of being investigated and punished psychological implementation of crime; some of them directly carry out robbery, snatching, intentional injury and other illegal and criminal activities on the victims after the "porcelain touching" behavior is found out. When encountering the similar phenomenon of "touching porcelain", don't reach an agreement with the other party easily, call the police in time, protect the scene, wait for the public security organ to handle on the scene, and leave the contact information of enthusiastic citizens for later investigation by the public security organ.

Reporter Yu Xiaomeng, correspondent Cao Lingling

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