The article “Extortion” (short name) is defined in the Criminal Code (Part 1, Article 163) as a claim for the transfer of another's right or property, the performance of certain actions regarding property or property acts under the threat of violence or damage, destruction of other property or under threat dissemination of information that dishonors the victim or members of his family, or other information that could significantly harm the legitimate interests and rights of the victim or his family.
Definition
Extortion is a two-object crime. It, on the one hand, encroaches on property in the distribution sphere, without directly affecting the area of consumption or property benefits of production (the main object), and on the other hand, it poses an alternative threat to personal bodily integrity, honor, dignity or business reputation of certain owners or owners of property .
The victims of extortion may be the owners of a certain property, its owners, citizens who manage or protect property, or are close to these persons. Close (according to Article 163) are not only the next of kin, but also other people whose fate is dear to the victims (for example, aunt or uncles, half-sisters and brothers, cohabitants, great-grandchildren, etc.).
The subject of extortion
The subject of extortion is alternatively described in law. This is another's property right. This includes, for example, repayment of debt receipts without payment by a ransomware of previously taken money, a declaration of refusal of a part of the common property law, holding a guilty, extortionist for a symbolic amount or without paying for the repair of a house or vehicle testamentary denial in favor of a ransomware, etc.
A pair of active actions is supposed to be committed. One of them is a demand for property transfer, rights or services, which entails an encroachment on the main object, and the second is a threat. So the article interprets for extortion (part 1 of article 163) the composition of this crime.
The objective side of extortion
A claim may be made to transfer the right to property to both the owner and his relatives, and this is illegal. As a result, the act can be expressed in the reverse requirement of the transfer of values without compensation for their equivalent value. If the requirements are unreasonable, although there is no threat, the structure of extortion will still be present. And this will also be an article of the Criminal Code for extorting money if there is compliance with the signs that are indicated in this norm.
Very often there is a reference to the fact that the victim owed money by civil agreement, although the victim herself disputes this. Such a statement will need a thorough check, since when committing extortion of money, the property of the offender is exclusively someone else’s property.
Extortion: article, term
- Extortion, which was committed repeatedly or by prior conspiracy by several persons or an official who used his official position, or with the threat of causing serious bodily harm or murder, or with the destruction or damage to property, or causing significant damage to the victim, is punishable by law with imprisonment for a period of three to seven years.
- Extortion, which is associated with violence that is dangerous to the life and health of an individual, or that has caused property damage on a large scale, shall be punishable by imprisonment with confiscation of property for a period of five to ten years.
- If a significant property damage (especially large size) was caused during the crime or it was committed by an organized group, or in conjunction with the infliction of grievous bodily harm, the article “Extortion” defines the punishment of restraint of liberty with confiscation of property for a term of seven to twelve years.
The subject of the crime is: property, the right to certain property (documents of a property nature, securities), the commission of property actions in favor of the offender (building a house, repairing an apartment, etc.).
Crime qualification
In the process of qualifying a crime, you should pay attention to some points. The extortionist does not have to stipulate amounts of specific sizes. For example, a person requires a merchant to illegally pay 20,000 rubles each month, but the article “Extortion” does not establish periods in its paragraphs. In this case, any amount can be covered by the ransomware’s intent - that is, periodically receiving money for those periods of time until the situation changes - including a large amount.
Basically, problems arise in distinguishing between robbery, robbery and extortion, when violence was not used, and there was only a threat. There is an opinion that the key points that make it possible to distinguish between these crimes are the facts that the attacker has the possibility of direct seizure of property; in case of robbery or robbery, the victim will prevent the transfer of property. During extortion, there is no access to property without the victim.
Subjective side
An article for extorting money and property rights most often implies a subjective side in the crimes committed, which is characterized by guilt with a mercenary purpose and direct intent. The subject in this case is a sane individual who has reached the age of criminal responsibility - 14 years.
Qualification of types of crime is provided for by the Criminal Code. Extortion is also related to them:
- Formed grouping.
- Repeated extortion.
- Extortion with violence. This means a deliberate physical impact on the victim, which entails injuries of varying severity.
- In large size. In this case, the article "Extortion of money" is most often considered.
