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Plenum of the Supreme Court of December 17, 2015 N 56 (as amended on December 17, 2015)
“On judicial practice in cases of extortion ( 163 CC
)»
TABLE OF CONTENTS
| — clause 1 Plenum No. 56 extortion has two objects: property and personality — clause 1 Plenum No. 56, direction of intent in extortion, benefit SUBJECT OF EXTORTION — clause 2 Plenum No. 56 things, money, shares — clause 2 Plenum No. 56 rights to property certified in documents — clause 3 Plenum No. 56 other actions: works, services VICTIM — clause 4 Plenum No. 56 not only the owner, but also another holder of property — clause 5 Plenum No. 56 relatives of the victim, these are relatives and persons in the family THREAT OF VIOLENCE — clause 6 Plenum No. 56, the threat of any violence, including murder, is a mandatory feature of Article Plenum No. 56, the threat must be perceived as real Completeness — clause 7 Plenum No. 56 from the moment the demand is brought to the attention of the victim Episodes — clause 8 Plenum No. 56 single intent, one continuing crime — clause 8 Plenum No. 56 periodic transfer of property, a single crime COLLECTION of extortion with other compounds — clause 9 Plenum No. 56 set of Plenum No. 56 set of Plenum No. 56 totality of extortion with — clause 9 Plenum No. 56 light, moderate harm are included in clause Plenum No. 56, grievous harm is included in clause Plenum No. 56 death of the victim, combined with Plenum No. 56 murder, combined with Plenum No. 56 destruction of property, combined with — clause 10 Plenum No. 56 during extortion, violence only reinforces the threat — clause 10 Plenum No. 56 moment of taking possession of property in the future — clause 10 Plenum No. 56 seizure immediately, this is robbery or robbery Combination with other compounds - Plenum No. 56 information discrediting honor and dignity - combined with Plenum No. 56 information about private life, combined with Plenum No. 56, the secret of adoption, in conjunction with Plenum No. 56 commercial, bank secrets, combined with — clause 12 Plenum No. 56 disgraceful information is discrediting honor and dignity — clause 12 Plenum No. 56, the validity of the information does not matter — clause 12 Plenum No. 56 other information constitutes a protected secret Legitimate claim — clause 13 Plenum No. 56 if the demands are legitimate, there is no extortion Group of persons - paragraph 14 Plenum No. 56 extortion by a group of persons ( - paragraph 14 Plenum No. 56 complicity in extortion - registration of property Large and extra large size - paragraph 15 Plenum No. 56 at the time of the demand exceeds the amount of |
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Nature of hazard
The nature of public
danger taken into account when sentencing
1) Draw the attention of the courts to the fact that the character
the public danger of the crime provided for by
163 Criminal Code
is determined
the direction of encroachment on:
- property relations and other property relations,
— as well as on the person (health, integrity, honor and dignity, other rights and legitimate interests).
It must be taken into account that when extorting, the perpetrator acts with the intent to obtain material benefit for himself or other persons.
SUBJECT OF EXTORTION
2) To the subject of extortion within the meaning of 163 of the Criminal Code
This includes, in particular, someone else’s (that is, not owned by the perpetrator) property, namely:
— things, including cash, certified securities;
— non-cash funds, uncertificated securities,
— as well as property rights, including rights of claim and exclusive rights.
Under the right to property, the transfer of which may be associated with demands for extortion, in 163 of the Criminal Code
is understood as the ability, certified in documents, to exercise the powers of the owner or legal possessor in relation to certain property.
3) Other actions of a property nature, the commission of which is aimed at extortion, include actions not directly related to the transfer of ownership or other property rights, in particular:
- performance of work or provision of services that are compensated in normal conditions of civil circulation;
— fulfillment by the victim of obligations for the perpetrator.
VICTIM
4) The following may be recognized as a victim of extortion:
- not only the owner or legal owner,
- but also another actual owner of the property - who suffered physical, property or moral harm
(for example, a person who guards property or has access to it due to official duties or personal relationships).
5) Within the meaning of Part 1 163 of the Criminal Code
relatives of the victim should include:
- his close relatives
(spouse, parents, children, adoptive parents, adopted children, siblings, grandparents, grandchildren),
— relatives
(all other persons, with the exception of close relatives, related to the victim),
- as well as persons belonging to the property
with the victim, or persons whose life, health and well-being are dear to the victim due to existing personal relationships.
THREAT OF VIOLENCE
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Case No. 01-0346/2018
Example
- if there was no threat of violence, then there is no element of extortion
6) Courts must keep in mind that extortion under Part 1 163 of the Criminal Code
, presupposes the presence of a threat of use of any violence, including
the threat of murder
or causing grievous harm to health.
The threat that accompanies the demand for extortion must be perceived by the victim as real, that is, he must have reason to fear that this threat will be carried out. To assess the threat as real, it does not matter whether the perpetrator expressed the intention to carry it out immediately or in the future.
7) Extortion is a completed crime from the moment when the demand is presented, combined with the one specified in Part 1 163 of the Criminal Code
threat, brought to the attention of the victim. Failure of the victim to comply with this requirement does not affect the legal assessment of the act as a completed crime.
Do not form a collection
crimes repeated demands under the threat specified in
Part 1 163 of the Criminal Code
, addressed to one or more persons, if these demands are united by a single intent and are aimed at taking possession of the same property or right to property or to obtain material benefit from committing the same thing actions of a property nature.
A requirement aimed at the periodic transfer of property to victims (for example, the monthly transfer of a certain amount of money) should also be qualified as a single crime.
COLLECTION of extortion with other compounds
9) If extortion involves:
- with beatings, committing other violent acts that caused physical pain,
- causing lung
harm to health,
- and average
severity of harm to health,
— torture
,
then such actions of the perpetrator should be qualified under clause “c”, part 2 of 163 of the Criminal Code
without additional qualification under Articles
112 of the Criminal Code
,
115 of the Criminal Code
,
116 of the Criminal Code
or
117 of the Criminal Code
.
In case of intentional infliction of serious
harm to health, the act is qualified under
paragraph “c” of part 3 of 163 of the Criminal Code
and does not require additional qualification under
111 of the Criminal Code
.
If, during extortion, the infliction of grievous harm to the health of the victim resulted through negligence in his death, the act should be regarded as a set of crimes provided for in paragraph “c” of Part 3 of 163 of the Criminal Code
and
part 4 111 of the Criminal Code.
Extortion associated with murder is classified as a set of crimes provided for in paragraph “c” of Part 3 of 163 of the Criminal Code
and
clause "z" part 2 105 of the Criminal Code
.
DIFFERENCES from robbery and robbery
10) When deciding the issue of delimiting robbery and robbery from extortion combined with violence, the courts should take into account that:
- in robbery and robbery, violence is a means of taking possession of property or retaining it,
— whereas with extortion, it reinforces the threat.
Taking possession of property:
- during robbery and robbery occurs - simultaneously with the commission of violent acts or immediately after their commission,
- and in extortion, the intention of the perpetrator is aimed at obtaining the required property - in the future.
In cases where extortion is associated with the direct confiscation of the victim’s property, in the presence of real
set of crimes, these actions, depending on the nature of the violence used, must be additionally qualified as robbery or robbery.
11) Destruction or damage during extortion of someone else’s property, if these acts caused significant
, damage, forms a set of crimes provided for by the relevant parts
163 of the Criminal Code
and
167 of the Criminal Code
.
SHAMEFUL INFORMATION
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— P.
Plenum No. 3: what is defamatory information?
12) Within the meaning of Part 1 163 of the Criminal Code
information disgracing the victim or his
relatives
should be understood as:
- information - defamatory
their honor, dignity;
- or damaging reputation (for example, information about the commission of an offense, an immoral act).
In this case, it does not matter whether the information under the threat of dissemination of which extortion is committed is true.
Other information, the dissemination of which could cause significant harm to the rights or legitimate interests of the victim or his relatives, includes, in particular, any information that constitutes a secret protected by law.
COMBINATION with other compounds when disseminating information
Form a set of crimes:
— dissemination during extortion of knowingly false information discrediting the honor and dignity of the victim and (or) his relatives
or undermining his (their) reputation - forms a set of extortion with
128.1 of the Criminal Code
;
- illegal dissemination of information about the private life of a person, constituting his personal or family secret - forms a set of extortion under Article 137 of the Criminal Code
;
- disclosure of the secret of adoption against the will of the adoptive parent - forms a set of extortion under Article 155 of the Criminal Code
;
—
illegal disclosure of information constituting commercial, tax or banking secrets - forms a set of extortion under
Article 183 of the Criminal Code
.
13) If the requirement to transfer property or the right to property or to perform other actions of a property nature is lawful, but is accompanied by the provisions specified in Part 1 163 of the Criminal Code
threat, then such actions do not entail criminal liability for extortion.
If there are signs of another crime (for example, threats to kill
,
arbitrariness
), the act should be qualified under the relevant article of the Special Part of the Criminal Code.
14) In cases where, according to a preliminary agreement between the partners
extortion in accordance with the distribution of roles, each of them commits a separate action that is part of the objective side of extortion (makes a demand, expresses a threat, or uses violence), all of them bear criminal liability for extortion committed by a group of persons by
prior conspiracy
.
If a person carries out the previously promised transfer to the perpetrator of a crime of property obtained as a result of extortion or registration of rights to it, then, in the absence of signs of participation in an organized group
, his actions are qualified as
complicity
under the relevant part
163 of the Criminal Code
and
part 5 of 33 of the Criminal Code
.
15) Extortion is considered committed on a large scale
or
an especially large
amount, if the demand is aimed at the transfer of someone else’s property, rights to property, performance of work or provision of services,
the value of which at the time of presentation of the claim exceeds the value indicated in the note. 4
to 158 CC.
16) Recommend that courts, when considering criminal cases of extortion, identify circumstances that contributed to the commission of the crime, violation of the rights and freedoms of citizens, as well as other violations of the law committed during the preliminary investigation or during the consideration of the criminal case by a lower court, and in accordance with Part 4 29 Code of Criminal Procedure
private definitions (decrees) to draw the attention of relevant organizations and officials to them.
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Sample statement regarding extortion to the police
| To the Head of the Ministry of Internal Affairs of Russia for ___________ Main Directorate of the Ministry of Internal Affairs of Russia for Moscow from ________________________________ (full name of the applicant) __________________________________ (residence address, contact telephone number) STATEMENT about committing a crime They are extorting a large sum of money from me - 1 million rubles, for a month now I have been receiving threats from hidden phone numbers and I received a letter by email that if I do not pay, they will set fire to my house, I will not live, etc. I don’t know who it is; they don’t introduce themselves over the phone. I managed to record one call on a voice recorder; I am attaching the audio recording. They told me to transfer the money in a week. I ask you to urgently initiate a criminal case into this fact and take measures to capture the criminals. Pursuant to Art. 141 of the Code of Criminal Procedure of the Russian Federation warned of criminal liability for knowingly false denunciation (Article 306 of the Criminal Code of the Russian Federation) ______________ (signature of the applicant) Applications: 1. Screenshot of a threatening email 2. Audio recording of a telephone conversation Signed by hand _____________ / _______________/ “_____”______________20___ |
