This article will consider a type of crime such as extortion (article 163 of the Criminal Code), the composition of this act was determined, and the grounds for exemption from punishment were studied.
The concept
Extortion (article 163 of the Criminal Code) - illegal actions against property. This type of crime is expressed in the requirement to transfer the property of others in favor of the attacker under the threat of violence or the spread of false information that dishonors the dignity and honor of a person.
Thus, the crime is expressed through the active behavior of the person in the form of an illegal demand:
- property;
- carrying out actions of a property nature;
- property rights.
Victims in this case may be:
- persons entrusted with property;
- owners;
- close relatives of the owners.
Extortion is self-serving property crimes which do not contain signs of theft.
Extortion object
The object of any criminal act is the public interest, which is protected by criminal law. Extortion (Criminal Code of the Russian Federation, art. 163) presupposes a multidimensional corpus delicti, which includes several heterogeneous interests at the same time, forming an additional and basic object (personal goods and property interests).
Most theorists are of the opinion that the main object of this act is property relations.
The subject of extortion is the commission of an action by the victim, which represents a property benefit for the attacker, for example, refusal to enter into an inheritance.
The immediate object of the crime is enshrined in the Criminal Code of the Russian Federation. Extortion of money is one of the types of criminal activity that falls under the article on extortion. In this situation, the offender is violated subjective law person to dispose of property, as well as to commit other acts that represent material benefit.
A species object is expressed in the form of property of a person, and additional (optional) implies the health, life and integrity of a person, his property interests, dignity, honor and business reputation.
If the extortion is connected with violence or harm to health, the inviolability of the person will be considered an additional object. This type of action significantly increases the level of public danger and determines a qualifying sign of violence as part of a crime.
Objective side
The external process of events that occurs under certain conditions of reality and harms society or the individual is an objective aspect of the crime enshrined in Art. 163 of the Criminal Code. Extortion is expressed in the form of two actions - threats and demands, which are aimed at forcing the victim to commit actions that satisfy the requirements of the offender.
It follows from this that a crime of this type involves several interrelated actions:
- the threat of destruction or damage to property, the use of violence and the dissemination of false information;
- presentation of property requirements.
These groups of actions only in indissoluble unity with each other represent the objective side of the act.Property requirements consist in the fact that the perpetrator, when committing the act, does not take actual actions to take possession of the property, but, on the contrary, seeks to satisfy his claims through the actions of the victim, thereby committing extortion. Article 163 implies the objective side of an act in the form of coercion to commit a certain action involving a threat of violence.
Criminal demands are often made in the following ways:
- entering into personal contact with the victim;
- making anonymous claims;
- the imposition of unprofitable or unprofitable transactions;
- involvement of the victim in the commission of a criminal act.
Subject and subjective side
The subjective side is expressed only in the form of direct intent in combination with selfish goals and motives. Also, this crime is characterized by an understanding of the unlawfulness of actions and a conscious desire to commit extortion.
The Criminal Code of the Russian Federation implies that the subject of this type of crime is characterized by two signs:
- achievement of 14 years;
- the presence of sanity.
Extortion is considered a qualified composition, taking into account the presence of one of the circumstances:
- commission by prior conspiracy;
- repeat offense;
- use of violence.
Grounds for exemption from extortion punishment
Article 163 of the Criminal Code provides for both bringing and exemption from liability for committing a crime.
The grounds for release and commutation of punishment may be:
- remorse of the perpetrator;
- expiration of statutes of limitations;
- grant of parole.
