Can a huge amount of compensation for injury be considered extortion?

It is not extortion and does not constitute the crime of extortion. The purpose of extortion is illegal possession, and the injured party's request for compensation from the responsible person based on personal injury is a legitimate purpose. As for demanding excessive compensation, it is a civil dispute and not extortion.

Legal Basis

"Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud"

Article 1. Fraud on the Value of Public and Private Property Three thousand yuan to more than 10,000 yuan, 30,000 yuan to more than 100,000 yuan, and more than 500,000 yuan shall be deemed as "large amount" and "huge amount" respectively as stipulated in Article 266 of the Criminal Law. ", "The amount is particularly huge

The higher people's courts and people's procuratorates of each province, autonomous region, and municipality directly under the Central Government may, based on the local economic and social development conditions, jointly study and determine the implementation of the amount within the amount specified in the preceding paragraph. The specific amount standard shall be reported to the Supreme People's Court and the Supreme People's Procuratorate for record.

Article 2 If the amount of defrauding public or private property reaches the amount standard specified in Article 1 of this Interpretation and one of the following circumstances occurs, the person may be punished in accordance with the Criminal Law. 》Article 266 provides for severe punishment as appropriate:

(1) By sending text messages, making phone calls, or using the Internet, radio and television, newspapers and magazines, etc. to publish false information to an unspecified majority of people Committing fraud;

(2) Committing fraud in the name of disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, and medical care;

(3) Committing fraud in the name of raising funds for disaster relief ;

(4) Defrauding disabled people, the elderly or people who have lost the ability to work of their property;

(5) Causing suicide, mental disorder or other serious consequences to the victim < /p>

If the amount of fraud is close to the standards of "huge amount" or "particularly huge amount" stipulated in Article 1 of this Interpretation, and falls under one of the circumstances specified in the preceding paragraph or is the leading member of a fraud group, it shall be determined as "Other serious circumstances" and "other particularly serious circumstances" stipulated in Article 266 of the "Criminal Law"

Criminal Law of the People's Republic of China

Article 266 Whoever defrauds public or private property, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance, and shall also or solely be fined; if the amount is huge or 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. If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of more than ten years or life imprisonment, and shall also be fined or have property confiscated.

"Public Security Punishment Law of the People's Republic of China"

Article 49 Whoever steals, defrauds, robs, snatches, extorts or intentionally damages public or private property shall be detained for not less than five days but not more than ten days , may be concurrently fined not more than 500 yuan; if the circumstances are serious, the offender shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 1,000 yuan.