Is Demanding High Compensation for a Car Accident Illegal? – Law In A Minute

Integrity on Wheels: The Cyclist’s Ruse and the Unmasking of a Racket

In the heart of Guangzhou, where skyscrapers kissed the clouds and streets hummed with life’s ceaseless rhythm, there lived a man named Alex. His BMW, a gleaming testament to hard-earned success, glided through the urban arteries like a silverfish in a stream. Then, on a day that began like any other, fate took a sharp turn.

As Alex approached an intersection, the unexpected silhouette of a cyclist darted from the periphery. With reflexes honed by years behind the wheel, Alex braked hard, but the cyclist, with a dramatic tumble, collided into the side of the car. The world stood still for a heartbeat before Alex, propelled by concern, leapt from his vehicle.

The cyclist lay crumpled on the pavement, his bike a twisted companion. Alex, with a helping hand, lifted the fallen rider, whose grimace betrayed his pain. “My arm,” the cyclist groaned, “it’s broken. I need 30,000 to make it right.”

Alex, whose heart was as large as his sense of duty, replied without a second’s hesitation, “Forget the money, your health is what’s paramount.” And with that, he ushered the injured man into his car, a chariot of mercy, and sped towards the nearest hospital.

The hospital’s sterile halls echoed with the urgency of their arrival. An X-ray machine hummed to life, peering beneath the skin to unveil truths unseen. And there, in the cold clarity of the radiographic image, lay an old wound, a fracture healed by time’s relentless march, masquerading as a fresh calamity.

The doctor, with a furrowed brow, turned to Alex. “This injury is not new,” he declared, and with the weight of his professional integrity, he beckoned the guardians of law. The police arrived, their badges gleaming with the promise of justice.

 

Law In A Minute

The cyclist’s actions could potentially fall under the purview of Article 274 of the Criminal Law, which addresses the crime of extortion. Extortion is defined as the illicit act of obtaining money, property, or services from a person through coercion, which can take various forms, including threats, force, or the manipulation of authority.

The penalty for such an act of extortion depends on the severity and the amount involved. In this case, the cyclist’s demand for a “relatively large amount” of money could lead to a sentence of imprisonment for up to three years, criminal detention, or control, possibly accompanied by a fine, considering the amount is not specified as “huge” or “especially huge.”

 

Legal Basis

Criminal Law

Article 274

Whoever extorts a relatively large amount of public or private property or extorts public or private property many times shall be sentenced to imprisonment of not more than 3 years, criminal detention or control and/or a fine; if the amount involved is huge or there is any other serious circumstance, shall be sentenced to imprisonment of not less than 3 years but not more than 10 year and a fine; or if the amount involved is especially huge or there is any other especially serious circumstance, shall be sentenced to imprisonment of not less than 10 years and a fine.

Leave a comment

Your email address will not be published. Required fields are marked *