On the Crime of Extortion with Cause:the Identification of Legal Interests and Restricting the Criminal Scope
The examination of whether extortion with cause constitutes a crime should be based on a normative determination of the legal interests protected by the law on the crime of extortion.The legal interests protected by the law on the crime of extortion involve a two-tier structure:the peaceful occupation of property by the subject of the legal interest is the property interest,and the dynamic process of the disposal of the property by the subject of the legal interest represents the disposal interest.The former is concerned with the property order which is a kind of value worth being protected by the criminal law,and its determination method is to examine whether the perpetrator's demand for property has reasonable grounds;the latter is concerned with individual freedom of decision-making,and its determination method is to examine whether the victim has the option to take another action.The act only constitutes the crime of extortion if it simultaneously infringes upon both the property interest and the disposal interest.The act of extortion with legal grounds and moral superiority does not harm the property interest in the crime of extortion,and even if the act completely suppresses individual freedom of decision-making,it should not be considered as the crime of extortion;the act of extortion with moral equilibrium and moral inferiority infringes upon the property interest in the crime of extortion,and depending on the degree to which the act infringes upon individual freedom of decision-making,it may constitute either the crime of extortion or the crime of robbery.
Extortion with CauseCrime of ExtortionIdentification of Legal InterestsProperty InterestDisposal Interest
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