Extortion and its distinction from robbery and robbery

When studying this type of illegal actions such as extortion, Art. 163 of the Criminal Code of the Russian Federation, questions arise that require additional clarification and detailed answers. Extortion, as a separate type of crime, has many criminal and legal nuances and aspects. Only by understanding them can you draw the right conclusions and find the right solutions.

Extortion is one of the most common types of criminal acts and has a large number of types and characteristic features. As judicial practice shows, new methods and forms of this type of crime are constantly appearing, the classification of which within the current legislative framework becomes difficult.

Legal definition of extortion

The Russian Criminal Code defines extortion as criminal actions aimed at appropriating someone else’s finances or property. A characteristic feature of such actions is the presentation of a demand, with the threat of using physical or informational violence, for the transfer of money or someone else’s property of any kind in favor of the person who put it forward.

When committing a type of criminal act such as extortion, the offender may demand:

• property of any kind or money belonging to the victim;
• transfer of rights to property belonging to the victim;
• performing actions of a property nature.

The practice of using threats to force a transaction or the signing of a business agreement that benefits the person who used them is quite common today. As a rule, compliance with the criminal’s demands leads to serious financial and material damage for the victim.

The main problem for a successful legal fight against extortion is the difficulty of proving the very fact of this criminal act, as well as what additional legal norms, in addition to Article 163, can be applied when qualifying extortion.

Victims, according to Article 163, may be:

• persons who have ownership rights to property;
• persons who have received the right to dispose of property on the basis of a power of attorney;
• relatives and friends of persons who have ownership rights to property.

In accordance with the legal definition of extortion as a type of crime, it should be classified as criminal acts aimed at appropriating someone else’s property, but without signs of theft. When conducting criminal proceedings, one should strictly separate the concepts of different types of crimes. For example, when qualifying the crime of extortion, one can consider the signs of robbery, arbitrariness or robbery, however, each of the listed criminal acts has its own characteristic features, the details of which will be given below.

Extortion can be classified as a two-object type of criminal act, since on the one hand there is an intention to appropriate someone else’s property, and on the other hand it is accompanied by threats to damage the health, business reputation and honor of the owner of this property. To qualify extortion as a crime, the presence of an object is necessary. The subject, as an object of extortion, is considered in detail in the current legislation and is one of the types of someone else’s right to property.

Difference from extortion

The main difference between robbery and extortion is that in the latter case the criminal encroaches not only on the victim’s property, but on his rights!

We are talking about rights such as:

• Hereditary;
• Housing;
• Property.

Only if this factor is present can the crime be classified as extortion. Another fairly significant distinguishing factor is that after extortion, the rights to certain valuable property are transferred to the criminal. He becomes its owner.

The standard form of extortion is accompanied by real threats. Some form of physical violence is applied to the victim.

The threat of extortion is a means to an end!

The forms of violence used do not act as a means of seizing property. This is a special form of threat reinforcement. The victim simply understands that threats and possible reprisals are very real.

In a robbery situation, physical violence and theft of property are carried out simultaneously. As for extortion, here the criminal intent is initially aimed at obtaining the required property. It is planned to become its legal owner in the future.

Despite such “far-reaching plans,” violence during extortion is committed here and now. This is the main difference between extortion and standard robbery.

An object

In accordance with the legal description of extortion as a type of criminal act, its object is social and public interest, which is protected by the state at the legislative level. However, when extortion is considered, it is necessary to remember its multi-objective nature. This type of illegal actions, as a rule, consists of several heterogeneous interests, thereby forming a main object (own benefits) and an additional one (property interests). The crime of extortion in articles on criminal law is considered purely theoretically and it is believed that the main object of this type of illegal action is property relations.

The purpose of extortion is to force the potential victim to perform actions beneficial to the criminal. For example, he may force you to refuse to inherit property in order to obtain ownership rights to the inheritance yourself.

The legal norms of the Criminal Code quite accurately describe the real object of criminal actions. Extortion of money is characterized as a crime that has signs of extortion, Art. 163 of the Criminal Code of the Russian Federation. That is, by committing such an act, the criminal tries to violate the subjective right of the owner to dispose of the property assets belonging to him; in addition, commits other illegal actions to obtain personal benefits.

The main target of extortion is always the property or financial assets of the potential victim. An additional object of extortion can be business reputation, property rights, dignity, health or even life. When extortion is accompanied by violence or damage to the health of the victim, personal integrity becomes an additional object. Extortion involving violence belongs to the category of illegal actions that are especially dangerous for society, since it is characterized by such a feature as violence.

Extortion by threat is considered completed when the potential victim is presented with demands for the transfer of property assets or rights to them. However, due to the fact that the composition of such illegal actions is included in the truncated category, regardless of what stage of development they are at, according to the legal norms of Article 163, extortion should not be considered an attempt. The actions committed by the criminal before actually starting extortion, if the necessary signs are present, must be considered preparatory to the commission of such a crime.

Arbitrariness

This form of violation, by its characteristics, also falls into the category of robbery and robbery. The crime is punishable under Art. 330 of the Criminal Code of the Russian Federation. Arbitrariness differs from robbery, robbery in that there is an unauthorized, blatant commission of certain illegal actions.

These are criminal actions that are unacceptable in relation to established legal and regulatory acts. The offender understands perfectly well that he is committing criminal acts.

This is what distinguishes this form of violation from standard extortion. Robbery or robbery consists of performing various illegal actions aimed at obtaining certain benefits by the criminal. And arbitrariness can be carried out without any specific purpose at all.

Objective side

The objective side of extortion Art. 163 of the Criminal Code of the Russian Federation are external actions performed under real circumstances that cause damage to a specific person or society. This criminal act always includes a demand and a threat. Both of these actions are carried out with the intention of coercing the potential victim to act in such a way that the conditions of the demand are met. Accordingly, the conclusion suggests itself that extortion should include such interrelated actions as:

• threat of causing property loss or damage to the health of the victim through the dissemination of false information discrediting him or through violent acts;
• requirement for the transfer of property assets.

Only these two types of actions combined can be considered the objective side of extortion. The essence of property claims in this case is that the attacker does not carry out any real actions to take possession of the property, but on the contrary, the criminal is trying to gain benefit through the actions of his potential victim. Legally, this crime is called extortion.

The legal norms of Article 163 characterize the objective side of extortion as coercion of the victim to certain actions, accompanied by the threat of violence. Demands bearing signs of extortion can be made using:

• personal contact between the offender and the potential victim;
• requirements made anonymously;
• coercion to enter into transactions that are known to cause losses;
• forcing a potential victim to commit illegal actions.

When considering the specifics of extortion cases, it is necessary to become familiar with the types of these criminal acts and understand such legal terms as the subjective side and the subject described in Article 163.

The difference between arbitrariness and robbery

Arbitrariness is actions of an unauthorized nature that violate the law or other regulations. They, as a rule, exceed the limit permissible for self-defense of their rights and are aimed at returning an actual debt, not an alleged one.

When such actions cause significant harm to any organization or a specific citizen, the legality of such actions is challenged by them.

Important! The main direct object of arbitrariness is the order of governance, which is a significant difference from robbery or the same robbery.

Unlike robbery, in the case of arbitrariness, the property to which the offender still has a legal right is confiscated.

In other words, he does not pursue selfish goals, but tries to return what rightfully belongs to him, by obviously unlawful means, without instead turning to law enforcement agencies for help.

Responsibility for arbitrariness

Responsibility for this criminal act is provided for in Article 330 of the Criminal Code. The penalties, depending on the circumstances of its commission, will be as follows:

1. For arbitrariness, leading to serious consequences:
   penalties – up to 80 thousand rubles. or six-month income of the convicted person;
2. compulsory work for a convicted person – up to 480 hours;
3. arrest of the attacker - up to six months;
4. correctional labor – up to two years.
5. For arbitrariness using violence or threats their application in relation to the victim:
   deprivation of the offender’s freedom – up to five years;
6. forced labor for a convicted person – up to five years;
7. arrest of the attacker - up to six months.

Subjective side and subject

The subjective side of extortion, in accordance with the legal qualification of extortion, is the direct intentions of the criminal, which can be combined with various motives and pursued goals. Extortion is also characterized by a conscious desire to commit such an illegal act. The Civil Code of the Russian Federation provides for the presence of the following characterizing features:

• the sanity of the person accused of extortion;
• the person accused of extortion must be over 14 years of age.

Extortion is classified as a criminal offense when it involves one of the following illegal acts:

• violent acts;
• the criminal act is committed repeatedly;
• extortion occurs by prior agreement.

In cases of coercion to enter into a transaction that is obviously unprofitable, threats of various types may be used. It is necessary to distinguish between extortion and related types of illegal acts, in which qualification is carried out under several articles of the Criminal Code. According to the composition of the case of extortion under Article 163, in contrast to related types of illegal actions, clearly defined penalties are prescribed.

When, in the process of forcing a person to enter into a deliberately unprofitable deal with the help of extortion, other criminal actions qualified by other articles of criminal law were used, a summary sentence is imposed.

The difference between banditry and robbery

The main feature of such a criminal act as banditry is an organized and armed group engaged in crime, in other words, an organized crime group or simply a “gang.”

Such gangs usually organize attacks on individual citizens or entire enterprises. All their actions are carefully planned, thought out to the smallest detail.

Absolutely all illegal acts carried out by organized crime groups fall under gangster actions. However, they can limit themselves to only one robbery, theft or any other illegal actions, but at the same time not do anything that is part of a robbery.

Robbery itself can also be carried out outside the context of banditry itself, spontaneously or alone. And as we already understood, a prerequisite for banditry is joining a criminal group .

Important! Unlike robbery, banditry is an act of a criminal nature directed against public order, and not against someone's property.

Criminal acts committed by gangs pose a significant danger to the existing structure of society rather than to property (whether state property or individual citizens).

Responsibility for banditry

Responsibility for this criminal act is provided for in Article 209 of the Criminal Code. The penalties, depending on the circumstances of its commission, will be as follows:

1. For creating a mandatory armed group of people (gang) for the purpose of attacking individuals or entire organizations:
   restriction of freedom of the attacker – from one year to two years;
2. imprisonment - from ten to fifteen years;
3. penalties – up to 1 million. rub. or the amount of income of the convicted person for five years.
4. For participation in the above group or in attackscommitted by the same gang:
   restriction of freedom – up to one year;
5. deprivation of the offender’s freedom – from eight to fifteen years;
6. fines up to 1 million. rub. or the amount of income of the convicted person for five years.
7. For the criminal acts mentioned in the first two parts of the article we are considering, but already committed by an attacker, who used their official position:
   restriction of freedom of the convicted person - from one year to two years;
8. deprivation of the offender's freedom - from twelve to twenty years;
9. penalties – up to 1 million. rub. or the amount of income of the convicted person for five years.

Types of extortion

The Criminal Procedure Code outlines different types of extortion, for which different punishments should be assigned and, according to Article 163, it is necessary to distinguish different types of crimes.

1. Extortion committed by a group of citizens by prior conspiracy. It qualifies when two or more citizens agreed to commit criminal acts and committed it jointly.
2. Extortion accompanied by violent actions (beatings, torture, tying up, causing damage to health of varying severity, restriction of freedom, etc.).
3. Extortion accompanied by a demand to transfer property assets worth 250 thousand rubles or more, qualified as extortion on a large scale.
4. Extortion by an established group of individuals who have committed or are planning to commit more than one crime.
5. Extortion accompanied by a demand to transfer property assets worth 1 million rubles. and more, qualified as extortion on an especially large scale.
6. Involved with the infliction of severe damage to health and qualified under Article 163 (Part 3, p.v.). Severe damage refers to bodily injury that has serious consequences for one’s health.

Extortion will be classified as related when, in addition to the unlawful acts qualified by Article 163, other types of criminal acts also appear in the extortion case. Such a case in judicial proceedings should be considered based on the amount of illegal actions committed, and the severity of the punishment is assigned in accordance with the gravity of the crime and the article under which they are classified.

When qualifying extortion, it is necessary not to confuse this type of crime with similar robbery, arbitrariness and robbery.

Banditry

The category of crimes described can also include banditry. In the modern Criminal Code, this violation is regulated by Art. 209.

Banditry is a multi-objective crime!

This is its main feature. When committing such a criminal act, the threat of losing valuable property and suffering damage to health directly applies not to a specific person, but to several citizens at once.

Banditry is often directed at specific companies or enterprises. Other equally important differences include:

1. Banditry often causes downtime and disruption of the normal functioning of entire factories.
2. There may be anxiety among society.
3. A crime is committed by a group of people called a gang.
4. Such a group of armed attackers has an internal hierarchy. There must be a chapter.
5. These organized crime groups carry out a wide variety of attacks. They can be characterized as robbery, extortion and robbery.

If law enforcement agencies receive a report of robbery, but it becomes clear that a gang was acting, the violation will automatically be reclassified as banditry.

The main features that distinguish extortion from arbitrariness, robbery and robbery

When considering coercion of a potential victim to actions leading to obtaining ownership of his property, you need to become familiar with the differences between such similar criminal acts as:

• arbitrariness;
• robbery;
• robbery.

The listed types of illegal acts have many similar characteristics. However, if you study the content of the articles under which the crimes listed above are classified, it is easy to find a number of differences between them. We should start with the differences between extortion and vigilantism. Arbitrariness, as a type of criminal act, is classified under Article 330 of the Criminal Code. According to the definition of this article, arbitrariness is a criminal act with gross violations of current legislation and causing significant damage to the interests of society and citizens who doubt its legality and challenge it.

With arbitrariness, as a type of administrative crime, actions are committed that are similar to extortion, but do not cause significant damage to health and integrity. Comparing arbitrariness with similar extortion, it can be established that the main difference among other differences is the fact of presenting demands accompanied by the threat of violence, which is present in extortion and absent in arbitrariness.

The differences between the crime classified as extortion under Art. 163 of the Criminal Code of the Russian Federation and having similar features to a crime qualified as robbery, as well as a crime qualified as robbery, are described no less clearly in the current legislation. In all these types there is the possibility of causing great harm to the victim and other similar factors. However, the composition, content, structure and objects of these three types of criminal acts have noticeable differences. Based on the norms of current legislation, we can establish several basic differences between them.

1. Subject of illegal acts. In robbery, as in robbery, the subject of criminal acts is exclusively property, in contrast to extortion, which adds the transfer of ownership of property and other property actions.
2. The structure of these crimes and their content. Robbery is a crime of the same type as theft; unlike extortion, it involves the use of violence or the threat of violence. In extortion and robbery, the property motive does not act as a mandatory accompanying factor.
3. Robbery and extortion are crimes with a truncated composition. During a robbery, accompanying factors are the use of violence or the threat of its use. When extorting, property demands are made, accompanied by threats; an attack may or may not be present. During a robbery, it is also possible to present property demands, but if the victim does not have property, the crime of robbery still remains.
4. Types of threats used. A distinctive feature of robbery, as well as assault, is the threat of using various types of violence. A distinctive feature of the crime classified as extortion is the use of various types of threats and violence.
5. The difference in time for these types of crimes of property acquisition. In the event of robbery or robbery, they try to acquire the property immediately. Extortion involves the acquisition of property not immediately, but after a certain period of time.
6. Differences in the timing of violence. During robbery or robbery, violence can be used immediately. Violence during extortion can be used after some time, in which case it is only a contributing factor to the main threat.
7. Subjective component. In all types of crimes studied, one of the main motives is self-interest. However, when committing robbery, the main motive is theft, which is absent when committing criminal acts in the form of extortion. Robbery is actually theft.

The above differences are enough to understand the essence and draw a clear boundary between these types of criminal acts. Therefore, crimes in which property is appropriated are investigated with the obligatory establishment of the signs of a crime, the subjects of the crime, the objects of the crime and its other signs. Collecting evidence specific to a particular type of illegal act under study is not difficult if you accurately take into account the characteristic features of each of these crimes.

The essence and types of robbery

Robbery, extortion and robbery are similar crimes. But they are similar only at first glance. In reality, there are quite significant differences between them. To understand the differences between these violations, you should first understand what robbery is.

Robbery is a secret or overt attack on a specific person!

For a violation to be classified directly as robbery, there must be elements of violence and a threat to human life and health. The victim suffers moderate or severe harm.

Many people find many similar factors between robbery and theft. But in the first case we are talking about a rather dangerous form of theft. The reason is that the criminal simultaneously encroaches on property and human health.

Types of robbery

From a professional legal point of view, several types of robbery can be distinguished. Directly depending on how the judge characterizes the crime, the attacker will receive a specific sentence corresponding to the violation. Among the most common types of robbery are the following:

1. By prior agreement. The robbery was organized before the criminal act occurred. If during the investigation it becomes clear that the criminals did not act spontaneously, but prepared for the crime in advance, they will receive the most severe punishment.
2. Robbery using weapons. In this case, the victim faces serious danger associated with a threat to life and health.
3. Committed robbery causing grievous harm. It does not matter at what point the victim suffered - during the commission of the crime or after. The sanctions will be just as strict.

Qualification of extortion

With the investigative methods used today, great attention should be paid to the correct qualification of extortion. In this situation, it is not necessary to stipulate a specific amount of damage, that is, how much the criminal demanded - 30 thousand rubles. or 300 thousand rubles, since this is not a key factor for the investigation.

When investigating similar types of criminal acts such as robbery, assault and extortion, it is very important to correctly distinguish between them. This requirement is especially important when the illegal act being investigated does not involve violence, even if there are threats of its use. Today, it is widely believed that the basic differentiating point is the ability of the offender to immediately seize property assets from a potential victim. The victim during robbery and robbery has the opportunity to prevent the transfer of his property to the criminal.

In extortion, the criminal does not have access to the property assets of the potential victim. Access is possible only with the participation of the victim himself, that is, the criminal cannot directly and immediately take possession of the potential victim’s property. This approach is fair and makes it quite simple to qualify extortion under the relevant article of the Criminal Code of the Russian Federation.

Violent robbery

This form of crime is worth considering in more detail. Violent robbery and robbery differ significantly from various forms of extortion.

The ultimate goal of the latter is to obtain rights to property. When a robbery occurs, the owner's property is immediately confiscated. There is no further development of events. Such a crime is characterized as more fleeting.

The robbery is carried out by the criminal here and now, and various forms of extortion can be significantly extended over time. To illegally take possession of property, an extortionist can use not only physical threats, but also psychological pressure.

Regardless of what is being committed - robbery, extortion or robbery - the criminal tries to achieve his goal.

Distinguishing extortion from theft

First of all, extortion and theft differ in the way the crime is committed: in the first case, the extortionist demands that the victim allegedly voluntarily transfer his property to him, and in the second, the attacker personally confiscates it.

In addition, the theft occurs secretly, and often the victim does not know who committed the crime. In the case of extortion, the attacker himself makes demands and becomes not a passive, but an active participant in the crime.

Note! In extortion, the criminal threatens the victim, and theft, by definition, cannot be accompanied by threats or violence, since the criminal commits all his actions secretly.

What is robbery, theft and extortion?

Robbery is qualified under Art. 161 of the Criminal Code of the Russian Federation and is the theft of someone else’s property, committed openly, that is, in the presence of the owner of this property or third parties, while realizing that a crime is occurring.

This type of theft is carried out without the use of violence or with violence that does not pose a danger to the life and health of the victim.

The object of the crime is the right to property. The objective side of robbery is the cause-and-effect relationship between the actions of the criminal to seize someone else's property and the negative consequences that occur.

The subjective side of the offense in question presupposes direct intent, that is, the offender realizes that he is taking someone else’s property, and also understands that by his actions he is causing harm, and wants these consequences to occur.

Note! The end of the crime occurs when the criminal has a real opportunity to use the property confiscated from the victim at his own discretion.

According to the comments to the Criminal Code of the Russian Federation, the following situations do not apply to robbery:

• a person took possession of someone else's property in order to destroy it;
• the criminal intends to return the item to the owner;
• the person who took possession of the thing has a presumptive or real right to it.

In other words, if illegal actions were committed by a person in the absence of selfish motives, then they cannot be classified as robbery (which in practice is usually unprovable).

Theft is the secret theft of property. This concept extends to the seizure by a person of any property that is alien to him, and is qualified as a crime under Art. 158 of the Criminal Code of the Russian Federation. The object of the crime is the right to property, as well as human life and health.

The objective side of theft is characterized by two factors:

• appropriation of property belonging to other persons without their consent;
• absence of witnesses at the time of the theft.

The main criterion for the correct classification of a crime in this case is that theft is exclusively a secret theft, that is, no one (the owner of the property or other people) knows about its commission except the criminal himself. However, if the crime occurred in the presence of persons who are related or friendly with the offender and therefore did not stop him, it is also theft. The theft will also be secret if the witnesses to the crime, for objective reasons, did not understand the illegality of the offender’s actions (for example, if the offender removes a TV from a display window while wearing the uniform of a store clerk).

Note! Theft will even be the theft of such property, the presence of which was not known to the owner himself (for example, if surplus products are stolen that actually exist, but have not yet been identified by inventory).

Legal practice often uses the term subjective imputation, according to which even open theft can be called theft, but provided that the criminal did not know this, believing that he was acting unnoticed.

Thus, the assessment of the secrecy of theft must be carried out exclusively according to two criteria:

• objective, when the attitude of the owner of the property to the act of the offender is analyzed;
• subjective, when the attitude of the criminal to the method of his actions is assessed.

The subjective side of theft implies the direct intent of the guilty person and the presence of a selfish goal.

The crime is considered completed at the moment when the item is stolen and material harm is caused to the victim. Paragraph 6 of the Resolution of the Plenum of the Supreme Court of Russia “On judicial practice in cases of theft, robbery and robbery” dated December 27, 2002 No. 29 states that the theft is considered completed when the property is confiscated and the criminal has a real opportunity to use or dispose of it in their own selfish interests (for example, to sell).

Extortion is understood as an unlawful demand of one person to another for the transfer of someone else's property, as well as rights to it and other actions of a property nature, carried out using threats.

According to the provisions of the Criminal Code of the Russian Federation, the following words can be regarded as threats:

• threat of violence: physical harm, serious injury, death;
• threat of damage or destruction of things belonging to the victim or his close circle. In some cases, the property may not belong to the victim, but she is responsible for it (for example, if the company’s accountant is forced to hand over money from the cash register);
• threat of dissemination of information disgracing honor and dignity. This is a type of mental violence, it can be used if the offender learns important information for the victim, which the latter wishes to keep secret;
• threat of dissemination of other information that could harm the victim or his loved ones. This includes the dissemination of false information that could have a negative impact on the reputation of the victim, as well as his family and friends (for example, that the victim is engaged in prostitution);

The object of extortion is property relations and an attack on the life, health, honor and dignity of a citizen. The objective side of the crime is complex: on the one hand, it is the criminal’s demand for the transfer of property, on the other, the threat of violence. That is, it is important for the violator that the transfer of property to the victims appears from the outside as voluntary.

The subjective side of the offense in question is characterized by direct intent and selfish purpose to seize property.

As you can see, all three of these crimes are generally similar. Therefore, it is necessary to distinguish them from each other.

The difference between theft and robbery

Having studied the main characteristics of robbery and theft, it is possible to distinguish between their compositions.

These crimes differ in the following parameters:

• criminal intent:
• In the process of committing a theft, the thief tries to remain unnoticed. Even if other people see the crime, the attacker does not know about it;
• robbery is characterized by openness of actions and complete disregard for their illegality;

• theft cannot be accompanied by violence in any form, since the criminal carries out all his actions secretly;
• if during the theft the thief was caught in the act, but refused to return the loot (without using force that was dangerous to the health or life of the victim), then it develops into robbery. In the case of the use of violence dangerous to health (or threats of its use), the crime develops into robbery;

• punishment:
• the maximum sentence for theft is 10 years in prison;
• for robbery - 12 years in prison;

• in case of theft, the value of the stolen property must be more than 1000 rubles;
• during a robbery, the amount of the stolen item does not matter, so a criminal case can be opened even due to the open theft of an empty wallet.