It is a clear violation of the law to deliberately buy expired food and then ask for a refund of 10.
The Criminal Law clearly stipulates the composition of the crime of extortion, requiring not only the intent of extortion, but also the objective facts of extortion, as well as the amount of extortion and the number of acts.
The Supreme People's Court and the Supreme People's Court have issued opinions on handling the crime of extortion, stipulating that the bottom line of the amount of a crime is 2,000 yuan, which constitutes the crime. However, if the annual amount is less than 2,000 yuan, and the person has committed extortion three or more times within two years, it also constitutes the crime.
Of course, in view of the inconsistent economic development in various regions, the Supreme People's Court and the Supreme People's Court allow each province and municipality to specify different standards for the amount of crimes. For example: 4,000 yuan in Zhejiang, 3,000 yuan in Sichuan and Anhui, etc.
Regarding this crime, lawyer Li Meilan suggested that everyone should not let down their vigilance, why?
First of all, everyone will think that the merchant's ** expired goods are immoral and illegal, and they should be punished. However, the law does not give us consumers the right to punish businesses, consumers have the right to supervise, can report to the Market Supervision Bureau, and there are administrative law enforcement departments to punish illegal businesses.
Secondly, the food safety law stipulates that if the merchant ** expired food and the consumer innocently buys it, the merchant needs to "refund one and pay ten", that is to say, in addition to refunding the purchase price, the merchant also needs to pay 10 times the compensation according to the sales price, and if the compensation amount is less than 1,000 yuan, it will be paid according to 1,000 yuan. However, in terms of current prices, a bottle of wine or a piece of fresh food can easily cost more than 200, and if you deliberately buy expired food and then make a claim, you can easily commit the crime of extortion.
Therefore, lawyer Li Meilan reminded not to exploit legal loopholes, let alone defy the law.