How to prove the fact of extortion of money without recording

What should you do in a situation where they demand that you hand over money or specific property, backed by the threat of violence or dissemination of disgraceful information? Someone can frivolously part with any amount, without counting on the help of law enforcement agencies. However, the fact of such a requirement can and must be proven, because extortion is recognized as a criminal act, and an attempt to “pay off” will only increase the criminal’s thirst for profit. Let's look at the practical nuances of this crime and possible options for countering ransomware.

What is the threat of such blackmail to the victim?

A witness in extortion is an extremely rare occurrence, since criminals try not to advertise their plan. Random eyewitnesses to statements of demands and threats will most likely remain outside the sight of the extortionist, and the process of investigating a criminal case in their presence is significantly simplified. In any case, it wouldn’t hurt to take a voice recorder to your upcoming meeting with ransomware (if it goes according to plan). If possible, use a hidden camera.

If you are faced with extortion of money, try to resist it by contacting law enforcement agencies; most likely, you will take part in collecting evidence. If the criminal is not brought to justice, he may again commit an attack on your financial resources, health, and reputation.

When extorting money, the attacker, threateningly, on his own behalf or on behalf of other people, demands money, the right to receive it, or relief from expenses. If this crime is accompanied by the intention to divulge false information that will damage the honor or dignity of the victim or his relatives, then the violator of the law will also be punished for libel. Consider a situation where a person owes a certain amount of money, but does not pay it back. The borrower, largely out of desperation, takes extreme measures: he meets the debtor at the entrance, beats him, and demands his money back. In this case there is no extortion. But still, such actions of the creditor are illegal. He will be brought to justice for arbitrariness.

In criminal proceedings, not only the suspect, accused or defendant has the right to defense by a lawyer. A similar opportunity is provided to the victim, therefore all procedural actions with your participation must be carried out accompanied by a defense lawyer.

What to do if you are extorted money? You cannot make hasty and fussy decisions. You should not indulge extortionists or give away your funds. And also deal with it on your own. Often the victim turns into a criminal.

There is no need to confuse and combine concepts. Until the moment when threats to human life and health begin to be carried out, this is only extortion.

There are no specific provisions by which “collectors” could be punished. Therefore, they take advantage of the situation and their impunity. In addition, scammers often use the “effect” of anonymity, choosing the method of extorting money over the telephone. The vast majority of their techniques go beyond the legal limits of what is permitted!

Protection of a professional lawyer under Article 163 of the Criminal Code of the Russian Federation - Extortion

requirement to transfer property (money, securities, jewelry);
requirement to transfer the right to property (ownership of an apartment, for example);
committing other actions of a property nature (destruction of a promissory note, for example, renunciation of a share in property).

It is important to know: there are proven methods to achieve qualifications in the less severe part. For example, order an assessment of the value of the property, which will establish that this value is small. Or prove that the group that committed extortion is not an organized group, but just a group of individuals.
This is a deeply theoretical question, but it directly affects the qualifications of the crime.

Article 163 of the Criminal Code of the Russian Federation “Extortion, Part 3. Moreover, “the lower limit of punishment has not been established. What should we do if we do not accept a police report? Under Part 1, you can get up to 4 years in prison and a fine of up to 80,000 rubles. We prove that the suspect’s demands actually existed, but they were legal: the victim could have accepted the legal demands as extortion, gotten scared and filed a statement with the police.

For example, the suspect demanded repayment of the debt. And the victim decided that this was extortion of money. If there is no crime, then the case should be closed. We prove that one of the two elements of the crime was missing: the corpus delicti under Article 163 of the Criminal Code of the Russian Federation “Extortion is two components: property demands and threats.

If the company's criminal lawyer proves that one of these elements did not exist (that is, there were threats, but there were no property demands, or there were property demands, but there were no threats), then this is no longer extortion, and the criminal case should be dismissed.

How to prove extortion and what is the difficulty?

It is necessary to tell how the extortion was carried out, describe the appearance of the extortionist (if his identity has not been established).

Officials can make hints about the need for motivation, inaction or, on the contrary, resistance with the help of third parties who will communicate all the conditions under which the services will be performed. The list of special cases includes career advancement, when a bribe helps build a career or removes the consequences of violations at work.

You can come to terms with this circumstance or become one of those who seek to enrich themselves at someone else’s expense without effort, by demanding money for their loyalty, non-disclosure of compromising information, or proper performance of duties.

It is worth considering the issue of extortion in detail for a clear understanding of the subsequent actions in such a situation.

The legislative framework

Criminal liability for extortion is regulated in the following legislative acts:

Supreme Court Resolution No. 56;
Art. 163 of the Criminal Code (clauses 1, 2) – on the use of violence and harm to health when committing extortion;
Art. 163 (clause 1) – on the dissemination of information about facts of extortion that caused harm to the victim or his immediate environment;
Art. 119 – death threat towards the object of illegal demands.

Methods of extortion using Internet resources

The law in these situations protects the rights of debtors, qualifying the actions of debt collectors as extortion, as well as other crimes against the person and health of the debtor.

Any extortion, even with threats, must be proven independently. To do this you must provide:

Record a live conversation on a voice recorder or a recorded telephone conversation. If, for example, a teacher extorts money from your children for good grades, you should simply record this conversation and provide it where required.
Call details. A printout can be obtained from the main office of the mobile operator in your city.
Witness's testimonies.
Received threats in letters, including emails.
Recording beatings. If physical force is used, the beating should be recorded at the police station.

Cases with examples of consumer extremism may not be falsified, but we will look at them to understand what fines and penalties generally exist.

Any extortion, even with threats, must be proven independently. To do this you must provide:

Record a live conversation on a voice recorder or a recorded telephone conversation. If, for example, a teacher extorts money from your children for good grades, you should simply record this conversation and provide it where required.
Call details. A printout can be obtained from the main office of the mobile operator in your city.
Witness's testimonies.
Received threats in letters, including emails.
Recording beatings. If physical force is used, the beating should be recorded at the police station.

Cases with examples of consumer extremism may not be falsified, but we will look at them to understand what fines and penalties generally exist.

On the contrary, he can demand more and more new amounts of money. Perhaps his demands will increase to such an extent that it will no longer be possible to satisfy them.

Investigation methodology

The investigation begins with establishing the circumstances of the act:

Is it confirmed that a crime took place?
In relation to whom the action was taken.
Time and place of extortion.
Subject of extortion: money, property, real estate, etc.
Amount of damage.
Subject of the crime.

Investigative actions carried out by law enforcement agencies after a statement is written to the victim about the commission of an act of extortion:

interrogation of the victim to clarify the circumstances of the incident;
conducting operational search activities is the main part of the investigation, during which the identity of the criminal is revealed.

The attacker can be caught red-handed when transferring money if the victim promptly contacted the police and reported the alleged meeting with the extortionist. Of great importance is the fact whether the victim managed to transfer the required property or money.

The crime is qualified as an already committed criminal act, when the extortionist only demanded money and did not manage to receive the required funds. To initiate a criminal case, it is enough to prove the fact that he extorted money using threats against the victim. The fact that the money or property was given to him under threat of violence aggravates the guilt.

If the transfer of property is completed, then the investigation boils down to finding the criminal and returning the property to the owner.

The following video clearly demonstrates, using a “live” example, the methodology for investigating extortion and advice on how the victim should behave.

Who is doing the investigations?

When extortion is committed, the victim files a complaint with law enforcement agencies. It does not matter at which police station the citizen intends to submit an application - it must be accepted regardless of the victim’s place of residence.

In order for an investigation to begin officially, the statement must be recorded by the officer on duty, the investigator or the inquiry officer who is present at the police station at the time.

An application for extortion can be filed by a person directly affected by the actions of criminals, as well as citizens who have appeared as witnesses, or persons who have information that a crime is being prepared. Anonymous applications will not be considered by law enforcement agencies.

Statement to the police and its sample

The application is submitted to the police station in writing or orally. When submitted in writing, the police officer on duty will register it and issue a notice of registration. The document is orally registered in a special protocol, the contents of which are introduced to the applicant, and he signs it.

The person responsible for the investigation is obliged to make a procedural decision on the application within 3 days: whether to initiate a criminal case on it or not. The application form must include certain items:

Name of the law enforcement agency, its location.
FULL NAME. head of the police department.
FULL NAME. applicant, residential address, telephone.
A statement of the fact of extortion, indicating the date, the demands of the criminal, the name and coordinates of the extortionist. If the perpetrator is unknown, this must be indicated.
Link to article of the Criminal Code.
Request to initiate a criminal case.
Signature, date.

A sample application can be found here. The application may be addressed to the prosecutor's office, but from there it will still be transferred to the police for investigation, so to save time, it is better for citizens affected by ransomware to send applications directly to the police station.

How to prove extortion?

Proving the fact of extortion becomes much more difficult if the victim does not have a strong evidence base. If the extortionist makes an appointment with the victim, then it is appropriate, with the knowledge of the police, to use witnesses, a hidden camera or a voice recorder. If the victim has already suffered bodily injuries, then it is necessary to record them in a forensic medical examination. In cases where we are talking about a requirement to transfer money from the accounts of an enterprise, payment documents, receipts, etc. serve as proof.

An example would be when hospital staff require patients to pay for an operation that can be performed free of charge. Patients are required to keep checks and receipts that they received after depositing money into the cash register. When requesting the transfer of money from hand to hand, it is appropriate to take a receipt from the recipient.

The foresight of the victim of illegal demands will be a good help in the investigation of the case, therefore it is in the interests of the victim to write a statement to the police providing evidence of what happened immediately after the commission of the criminal act.

How to prove extortion of money

If an official seeks a bribe by threat, then such an action relates to another article on corruption.

Contact the police, investigative committee or prosecutor's office to file a statement at the place where the extortion took place.

His number can be found at stationary posts and from traffic police patrols). Extortion of this nature can be reported to the management of the State Traffic Safety Inspectorate of the constituent entity of the Russian Federation or the department where the inspector works.

Extortion is a complex crime that requires a lot of effort to prove, but this does not mean that it should go unpunished.

A group of 19 tourists got caught in a snowstorm while climbing Elbrus. The tourists requested help on Thursday evening.

I'm accused of extortion

Contact the police yourself and report a crime under the article of libel against the company's employees.

Hello! He can’t fire him, because there is no evidence, and based on denunciations, he can’t be fired and brought to justice, the 37th year has passed. The grounds for termination of an employment contract are all clearly described in Art. 81 of the Labor Code, unfounded complaints are not a reason.

shall be punishable by a fine in the amount of up to three million rubles, or in the amount of the wages or other income of the convicted person for a period of up to three years, or by compulsory labor for a term of up to four hundred hours. shall be punishable by a fine in the amount of up to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a period of up to one hundred and sixty hours.4. Slander that a person suffers from a disease that poses a danger to others, as well as slander combined with accusing a person of committing a crime of a sexual nature, -

criminal liability for extortion

Repost or like Any posts that incite division of the integrity of our country support the policies of prohibited organizations. Of course, you should not write them.

The following points should be included:

name of the body of the Ministry of Internal Affairs;
information about the injured party, contact details (telephone numbers, address);
information about the offender, if available;
the nature of the demands and threats;
method of transferring funds (place, time, terms of the “transaction”);
information about where, when and under what circumstances the meeting with the attacker took place, a note with demands was found, etc.;
a list of people who can confirm the fact of extortion, who were nearby at the time of receiving the letter or personal meeting with the criminal;
evidence and other information that will help in considering the case.

In modern life, you cannot be sure that you will not be overtaken by extortion. This phenomenon can be encountered completely unexpectedly, and the manifestation has different forms. In its standard form, extortion can be a threat to health or life in order to obtain money. Situations involving extortion of finances from officials and high-ranking officials are increasingly occurring.

Even if a person is forced to write a receipt stating that the loan was repaid to him, this is similarly considered extortion. It is worth noting that the object of extortion is often funds that are in bank accounts, including electronic currency; the target of the extortionist is not always cash.

How to get rid of ransomware?

As a rule, even if the demands of the extortionist are satisfied, there are no guarantees that the threat of violence or the spread of damaging information will be eliminated. To eliminate the risk of losing money and property, and to stop threats from a criminal, consider the following recommendations:

It is unacceptable to use the help of intermediaries when communicating with the extortionist, this can end disastrously for the victim and his “assistant”, and the criminal will escape punishment;
if an independent appeal to the police does not produce results and the threats continue, with the help of a lawyer you can file a complaint with higher authorities or the prosecutor’s office;
If the transfer of funds has taken place, the guilty person will be held accountable for one of the forms of theft under the Criminal Code of the Russian Federation.

Thus, proof of the facts of extortion should occur only within the framework of a pre-investigation investigation or criminal case. Any form of independent action is fraught with negative consequences, including for life and health.

What to do if you extort money and threaten

What to do if you are extorted money? Everything will depend on what type of offense it is. Retaliation for extortion has its own penalties, so you should be extremely careful. When threats relate to health or physical violence, then it is worth involving the police; if you receive a refusal, write a statement to the prosecutor's office.

In both cases, a lawyer can come to the rescue. It will help in collecting evidence, filing a police report and completing other tasks. He will also tell you where to go if they extort money. Before applying, it is important to prepare for the process.

In extortion, it does not matter whether the victim agreed to transfer the required property to the criminals. The crime took place from the moment the illegal demand was presented.

The scheme is described as follows: a person buys a car and two weeks later goes to court with a complaint about the car’s shortcomings. The buyer does not agree to a pre-trial settlement, and the forensic examination of the car is carried out by the same experts every time.

UTV. What to do when you are accused of theft?

This is the shortest way to prove innocence if false accusations are made.

Read other articles on the site:

Sample application to the prosecutor's office for criminal prosecution
Administrative supervision and its types content of administrative supervision
System and structure of preliminary investigation bodies in Russia
Particular cruelty as a method of committing crimes against individuals
Age of the subject of the crime and its impact on criminal liability

Dear colleagues, I wish each of us to hold high the title of lawyer, unswervingly adhering to the principles of impartiality and objectivity!

Accomplices of extortion and methods of committing it

In case of refusal to comply with the requirements, the attacker threatens to cause physical or psychological harm to the health, as well as the life of the victim or his loved ones. The term of punishment, which is determined by the judge at the hearing, depends on the presence or absence of aggravating circumstances.

Criminals extort money or other property in a variety of ways. Submitting a claim is possible by telephone, in person, or with the involvement of intermediaries. A common case is when the capabilities of a global network are used to transmit a request. There are situations when a person demands the return of money or property.

You can extort money not only directly, but also indirectly. Let's take an example: a person lent another a certain amount of money. The debtor signed a receipt, but over time it became clear that he was not going to return the money received. As a result, he finds a criminal way out of the situation. Thus, extortion has a special form.

In such a situation, many are lost and do not know what to do if they extort money. Some follow the lead of the criminals and hand over the required amount, which only warms up the interest of the attacker. Below we will consider how to protect yourself in such a situation, what to do, and where to turn.

Subject of extortion

Anyone who demands something always puts forward different demands. It is difficult to predict what the criminal wants. He may ask for the following things:

Financial resources are the most common desired thing. They can ask for any amount. It is not a fact that after the first transmission the requests for money will stop.
Property is demanded less frequently, but no less willingly. Anyone can ask for anything, even things that in someone’s opinion are not valuable.
Providing various types of services. They may ask you to provide services of a criminal nature; it is better to immediately bring such blackmail to the attention of the police.

To avoid such situations, you should change the password for the page more often, make it complex, and when conducting correspondence, you should not mention things that could allow criminals to resort to blackmail.

What to do and where to turn if they extort money and threaten you?

In May of this year, car manufacturers asked the FSB to check claims from consumers. Manufacturers believe that in the Krasnodar region consumers falsify evidence in order to receive compensation.

The Supreme Court of the Russian Federation expressed a law enforcement point of view on the disgraceful nature of information in blackmail. This information must discredit the honor, dignity or undermine the reputation of the citizen.

Let's consider what features characterize this crime:

extortion consists of demanding the transfer of money in cash or non-cash form, movable or immovable property, or rights to it, as well as the commission of various actions of a property nature;
the unlawful demand is due to the threat of violence, damage or complete destruction of property, or the threat of dissemination of defamatory information;
The very fact of presenting a demand is recognized as a criminal offense, even if the money or property does not actually come into the possession of the offender.

How to fight?

An attempt to accuse someone of extortion is often used by unscrupulous citizens who do not want to return the borrowed money or property. The accused citizen will have to prove his innocence. The following options can be used for this:

if there is a written agreement to transfer funds or property assets on a temporary basis, the demand for their return will be legal;
if, in the process of returning your money or property, threats of violence or dissemination of disgraceful information are made, this will also not be the basis for charges under Art. 163 of the Criminal Code of the Russian Federation;
All actions to defend against criminal charges must be carried out with the support of a lawyer; arrogance can lead to punishment up to a prison term.

Note! In the event of a legal claim for the return of property or money, you need to enlist the help of several witnesses. In this case, the debtor will not be able to unfoundedly accuse you of making threats and accuse you of extortion.

If any threat of criminal prosecution arises, you should immediately seek the help of a lawyer. Even the most ridiculous accusations can end in a trial and a conviction if all defenses are not used in a timely manner.

Extortion and threats – what to do and where to go?

During a meeting with an extortionist, it is important to be collected and not show by your appearance that the police are watching you.

If extortion is related to the repayment of a debt and some funds were nevertheless handed over to the extortionists, then this fact should be documented in the form of a receipt. Although this may not always be the best way out of the situation.

Some people who encounter such a crime are ready to give the extortionist everything he wants. However, this method of solving the problem cannot be called correct.

Countermeasures against criminals

First, you need to decide what kind of money extortionists are pursuing a person:

If a school or kindergarten requires funds, the director of the institution or the prosecutor’s office should help. It would be a good idea to write an application to the Department of Education.
It is better to block calls from collectors using blacklists. Also, a complaint to the bank on whose behalf the calls are made or a complaint addressed to the Central Bank will help.
Ordinary criminals should be afraid of being chased by the police. This means you need to write statements.

A citizen can only cope with debt collectors on his own if he has a sufficiently stable psyche. In other cases, it is better to immediately contact the police for protection.