Fake designated drivers, real staged accidents; don't take chances, guard against extortion

📅 2021-12-21 📂 Zhiming Hot CommentsZhiming Hot Comments 🏷️ #Designated Driver #Criminal Law #Beijing #Extortion #Staged Accident

Compiled from: Beijing Daily
 
Posing as designated drivers to find drunk car owners, making excuses to leave during the drive, then having accomplices deliberately cause collisions to extort money when the owners drive themselves...

 
 

Recently, Beijing police busted such a gang that extorted money through staged traffic accidents, arresting and detaining 14 suspects.
 
 
Case review
In July this year, Beijing police discovered a man surnamed Zhang and his "friends" taking turns driving vehicles to cause 68 traffic accidents, mostly with the other party at fault. Relying on the "police-insurance cooperation" mechanism, the traffic management department of the municipal public security bureau, together with insurance agencies, analyzed and determined this was likely a gang staging "accident fraud."

 
 

Subsequently, Beijing police set up a special task force to investigate. Through investigation, the task force found that the gang, led by Zhang, consisted of about a dozen members, most with criminal records for robbery, theft, drug use, etc., mainly residing in Chaoyang, Daxing, and Yanjiao, Hebei. During operations, they typically used 4 to 8 people driving two or more vehicles, heading at night to bustling areas like Wangjing and Joy City in Chaoyang. Posing as designated drivers, they sought drunk car owners, made excuses to leave mid-trip, and had accomplices tailing them. Once the owner drove themselves, they deliberately caused collisions and extorted money. Victims, fearing punishment for drunk driving, mostly chose to "pay to avoid trouble," with the largest extortion amount reaching 40,000 yuan. If victims refused to pay, gang members threatened to call the police to force payment.
 
After gathering sufficient evidence, the task force launched a coordinated operation in mid-November in Chaoyang, Tongzhou, Daxing, and Yanjiao, Hebei, arresting all 14 suspects.
 
Upon investigation, the gang had a clear division of labor. Zhang and Nan were the leaders, organizing members to commit crimes. Other members played roles: some acted as designated drivers to find drunk driving "targets," some drove vehicles to deliberately cause accidents, and others stood by as onlookers to "persuade" victims to pay. After a successful fraud, the proceeds were divided by leaders Zhang and Nan based on each member's role. Currently, all 14 suspects are in criminal detention, and the case is under further investigation.


 

 
"Criminal Law of the People's Republic of China"
[5] Article 274: Crime of Extortion
Whoever extorts public or private property, if the amount is relatively large or if extortion occurs multiple times, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance, and shall also, or shall only, be fined; if the amount is huge or if there are other serious circumstances, the sentence shall be fixed-term imprisonment of not less than three years but not more than ten years, and a fine; if the amount is especially huge or if there are other especially serious circumstances, the sentence shall be fixed-term imprisonment of not less than ten years, and a fine.
 
 
[1] The author's perspective
The act of extortion primarily involves using threats, coercion, or intimidation to force the victim to hand over property. In this case, it is manifested in criminals exploiting drivers who are driving under the influence of alcohol, deliberately causing traffic accidents as a "staged crash." Thus, drivers must resolutely abandon any侥幸心理, eliminate illegal behaviors such as drunk driving, and consciously abide by traffic regulations to deny criminals any opportunity, thereby fundamentally eradicating the possibility of being extorted.

The author reminds all vehicle owners to remember: "Don't drive after drinking, and don't drink if you're driving." Additionally, it is advisable to install front and rear dash cameras in the vehicle. In the event of a traffic accident, the footage can help determine liability and provide evidence for the police to combat "staged crash" crimes. If there is any doubt about the accident, do not opt for a "private settlement" to avoid trouble or fear of punishment. If the other party demands a "private settlement" and engages in threatening behavior, ensure your own safety and promptly call the police for help.

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