On Sentencing In Amount-based Offenses Of Attempted Extortion

The difficulty in determining the amount of extortion and attempting to punish an attempted sentence lies in determining its legal scope.Theoretically,there are mainly two views on this issue,the objective point of view of sentencing and consideration of subjective factors of sentencing.The objective point of view of the sentencing perspective is that if the amount of extortion is committed,all cases of attempted crimes should be sent to the base of the statutory penalty of the basic offense.In some cases,the base penalty should be determined on the basis of the statutory punishment range achieved by the amount of exilation.A sentencing viewpoint that considers subjective factors believes that,in the case of the crime of extortion,whether it is the full amount of money or the attempted amount,the baseline penalty shall be determined based on the expected amount of the criminal's criminal act.Among them,the objective theory has subdivided the sentencing rules and the crimes and added the important ones;considering the subjective factors,the views were subdivided into the factual amount theory,the standard amount theory and the accentuation theory.In the trial practice,there are also many differences in the method of sentencing in cases of attempted extortion.Concentrated on the whole amount of the attempt,whether the basis penalty is determined by the legal penalty of the basic crime or the base amount is determined by the amount of the entire amount;and if the amount is not completed,the benchmark is determined based on the amount of the amount of the crime and the overall amount is determined.Penalty or taking a heavier punishment.In reality,there are a number of cases in which the same case has been judged differently and the sentencing has been unbalanced.The similar crimes of theft and fraud have similar situations,and because of their relevant judicial interpretations,they clarified the sentencing methods that are more important than the weight penalty.Compared with the trials before and after the introduction of judicial interpretation,it can be found that the courts have been standardized to a certain extent.Sentencing of the case,but there are still problems.Therefore,even if the theory of weight penalty is worthy of reference in distinguishing between the amount of money and the amount of money spent,it can not be copied and applied to the crime of extortion.Comprehensive analysis confirms that the "extremely largeamount" element is an aggravating factor,and that it is feasible to apply the aggravating factor theory to guide the extortion and the amount of attempted crimes to carry out reasonable sentences.Based on the theory of aggravated constitution,it further concludes that the crime of extortion exists in three levels of unfinished forms,all of which are punishable.The perpetrator uses a large sum or more of property as an object of criminal extortion.If the perpetrator does not have the reward,the perpetrator shall determine the extent to which the legal punishment shall be applied if the perpetrator ' s criminal act causes a risk of property law.If the amount of(extraordinary)huge property is used for extortion,but the result is that only a large(or huge)amount of property is involved,it is an imaginary co-opetition that should be treated as a felony.