A Case Study of Yunnan Civil Servant Examination Mock Court Prosecution and Defense Interview;

Background materials and test questions

A young man bought a computer in a shop, which was worth about 30 thousand yuan. In the process of using the computer, I found that there were quality problems, which not only affected my work, but also caused me a lot of losses (loss of important data). So, the young man went to the store to ask for compensation and made a claim of 500,000 yuan. The store does not deny that there is a problem with the quality of the computer, but the 500,000 compensation claim put forward by the young man is considered extortion and reported to the public prosecution agency.

Answer a request

The prosecution believes that the young man's behavior constitutes a crime of extortion.

Defense: I don't think the young man's behavior constitutes extortion.

Test analysis

1. Prosecution

In this case, the young man's behavior constitutes a crime of extortion.

In this case, the computer that the young man bought in the store was worth about 30,000 yuan, but after the quality problem appeared, he claimed 500,000 yuan from the merchant, which was far beyond the scope of compensation. Compensation in civil law generally only compensates for direct losses, and there is no legal basis for claiming indirect losses caused by the loss of important information. Therefore, as far as the amount of compensation is concerned, even if the relevant provisions of the Consumer Protection Law apply to double indemnity, the defendant has the subjective purpose of illegally occupying more than 440,000 yuan. Its behavior of asking merchants for more than 400 thousand yuan on the grounds of commodity quality problems belongs to extortion and has obvious compulsion Therefore, the defendant's behavior has violated the crime of extortion in the criminal law.

2. The defense

The defendant's behavior in this case does not constitute a crime. Its demand for 500,000 yuan does not conform to the criminal constitution of the crime of extortion in criminal law.

The crime of extortion refers to the act of threatening or coercing the owners and managers of public and private property for the purpose of illegal possession and forcibly demanding a large amount of public and private property. Objectively, this crime shows that the perpetrator forces the victim to hand over his property by means of threats, extortion and intimidation. If threats and other means are not used, the other party will not be afraid and be forced to hand over the property, which does not constitute this crime.

In this case, as a consumer, the defendant's claim, even if the amount is huge, is not a threat or blackmail to the merchant, but a claim made by the consumer himself, which requires the other party's response and negotiation. In this case, the defendant did not use threats, blackmail, intimidation and other means, and did not commit any act of forcing the merchant to hand over the property. Therefore, the defendant's behavior is completely inconsistent with the criminal constitution of the crime of extortion in the Criminal Law, and the claims put forward by the prosecution are unfounded and cannot be established.

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