Extortion is a crime that is prosecuted by the law. There is even a special article for extortion of money or other material benefits, which is used by government officials to punish lawbreakers. This article is included in the Criminal Code of the Russian Federation, and has number 163. In this material we will talk about what extortion is, how it can be punished, how to understand that an extortionist is pursuing you, and we will find out other important points.
Article for extortion of money
What can be called extortion
The criminal law of our country provides clear definitions of each crime. Article 163 of the Criminal Code of the Russian Federation states that extortion is a demand for the transfer of someone else’s property or rights to property, accompanied by threats to use violence, destroy or damage property. In other cases, such actions are accompanied by threats to disseminate information disgracing the victim or his relatives. In addition, this may be information, the disclosure of which will harm the rights or interests of the victim or his relatives.
“Close” in the law refers not only to relatives, but also to other persons who are important to the victim (friends, good acquaintances).
An integral condition of the crime is the reality of the perception of these threats by the victim. He must believe in their implementation.
The victim’s property includes not only real estate, jewelry, cars and other items. Legislation includes securities, money (cash, non-cash, electronic) and even the results of intellectual activity in this category.
Corpus delicti
It is worth noting an important point: to initiate a criminal case, it does not matter whether the criminal received the extorted property or not. The very utterance of a threat (or any other communication of it to the victim) is already a crime.
Intimidation, recognized by law as a crime, must meet the following criteria:
- contain a threat to health or life;
- threaten to destroy or damage property;
- threaten to disseminate information discrediting the honor and dignity of the victim, or concerning his personal life. It does not matter whether this information corresponds to reality or is false.
If threats are accompanied by legitimate property claims, then such actions do not fall under the crime classified by Art. 163 of the Criminal Code. For example: gr. Ivanov borrowed money from gr. Korablev money, but did not give it on time. Gr. Korablev, threatening to beat him, demands to pay off the debt. This act is not extortion; it falls under the article on arbitrariness.
Extortion to get rid of material costs, as well as property-related, is an offense in which the blackmailer receives some kind of economic benefit. This could be forcing him to write a waiver of his share in the common property, destroy his promissory note, or get rid of the will, without which he will become the main contender for the inheritance.
What does extortion include?
Let us remember that this crime has mercenary goals and is aimed at taking possession of someone else’s property. In addition to property, the object of the attack is also the life or health of the victim. It is these two factors that increase the danger of extortion as a criminal act.
The key definition of the objective side here is demand. Not a request that can be fulfilled or ignored, but a categorical order to transfer the victim’s property to the attacker.
The requirement is presented in any form. Orally, in person, in writing, using the telephone or the Internet. Moreover, it is not always voiced in a harsh and rude manner. The demand is sometimes expressed very politely.
Also: What to do if someone asks for a bribe?
The demand must be accompanied by any threats against the victim. That is, promises expressed in any form to perform actions against him that entail unpleasant consequences.
- Use violence . For example, beat or kill the victim or his relatives.
- Damage property or destroy it.
- Disseminate information that disgraces the victim or his relatives, or entails harm to their rights and interests. In other words, such threats are the most common blackmail.
Only the person who directly receives the threats can be recognized as a victim from the actions of attackers. His relatives and friends, against whom these threats are directed, cannot be victims. If they suffer physical or material harm, they will be considered victims of other crimes.
Self-interest assumes that the attacker intends to dispose of the property obtained as a result of his actions at his own discretion. That is, use it yourself, sell it, donate it, or transfer it to third parties.
However, in some cases, the offender aims to temporarily use the property he received and then return it to the rightful owner. Such actions will not be considered extortion; they should be classified as arbitrariness.
Extortion belongs to the category of serious crimes, therefore, punishment for its commission can be imposed on persons as young as 14 years of age. Therefore, it is not uncommon that schoolchildren who extorted money from their classmates find themselves in the dock.
Such crimes are committed only intentionally. This means that the perpetrator understands the illegality of his actions, but continues to commit them, wanting to achieve illegal enrichment.
Extortion – as a criminal act, is considered committed from the moment the demands containing threats are made.
As examples of actions containing elements of a crime under the article of the criminal code “Extortion,” the following can be cited:
- The attackers, wanting to take possession of the land plot they liked, demanded that the legal owner transfer it into their ownership free of charge. If their demands are not met, they threaten the owner to set fire to the house located on his property and beat him up. Requirements are expressed over the phone and in personal meetings.
- The attacker fell into the hands of photographs showing a drunken man holding the post of head of one of the enterprises. He received a letter via email demanding that he transfer a certain amount of money to a specified bank account. If the victim does not comply with the blackmailer’s demands, the photographs will be published on social networks, which will damage his business reputation and further career growth.
Your own website is the key to success
How to ask for money online? If you think about it, this is not the easiest task. After all, many may not trust information from the World Wide Web. Therefore, you will have to prepare thoroughly.
The user can create a separate site. It is customary to indicate detailed information about yourself and a request to transfer money. The details that can be used to carry out transactions are also indicated here.
Usually this option is just help with virtual begging. Users who have separate pages with requests are more willingly trusted. Most often, users ask for funds through social networks.
Article and punishment
Article 163 of the Criminal Code of the Russian Federation is divided into three parts, each of which determines the punishment for extortion, which has its own characteristics.
In Part 1 of Article 163 of the Criminal Code of the Russian Federation, the signs will be the demands of the extortionist, accompanied by threats against the victim. They are punished for this:
- arrest for up to 6 months;
- restriction of freedom for up to 4 years;
- forced labor for up to 4 years;
- imprisonment for up to 4 years.
With forced labor, it is likely that up to 2 years of restriction of freedom will be imposed, and with imprisonment - a fine of up to 80 thousand rubles. or the amount of income for a six-month period.
Part 2 of Article 163 of the Criminal Code of the Russian Federation determines liability if the offender committed extortion by acting:
- as part of a group of persons;
- using violence;
- or demanding large amounts of property.
The definition of violence is the infliction of beatings on the victim, or harm to health of mild or moderate severity.
Such actions are punishable only by imprisoning the offender for up to 7 years. Additionally, restriction of freedom for up to 2 years and a fine of up to 500 thousand rubles or income for a three-year period may be applied.
Part 3 of Article 163 of the Criminal Code of the Russian Federation determines the punishment for extortionists if they have committed it:
- as part of an organized group;
- in order to obtain property on a particularly large scale;
- with serious harm to health.
For these crimes, offenders are isolated from society for a period of 7 to 15 years. It is possible to additionally impose a fine of up to 1 million rubles or income for 5 years, restriction of freedom for up to 2 years.
As of 2022, an amount over 250 thousand rubles will be considered a large amount of extorted property. A particularly large amount is an amount over 1 million rubles.
Why is it wrong to bribe?
Satisfying the ransomware's demands provokes the following:
- The extortionist, having realized his impunity, will be more likely to continue extorting funds from you. And maybe not just money.
- The criminal will use such instruments of pressure in relation to other persons. This is a frequent practice among officials and dishonest law enforcement officials.
Systematic threats, blackmail and extortion can subsequently lead to much more serious crimes. For example: a person who is systematically blackmailed eventually breaks down and causes grievous bodily harm to his offender or even murder. It is possible that extortion and threats can also become a reason for the suicide of the blackmailed person. Therefore, you cannot follow the extortionist’s lead - he should be punished to the fullest extent of the law by reporting the crime to law enforcement agencies.
Actions of a citizen during extortion
If a person is extorted money or other property, he must immediately contact the police department with a statement . It is advisable to do this where the citizen lives. According to the law, it is examined by police at the place where the offense was committed.
In extortion, threatening demands are usually sent to the victim's home. Therefore, he will be sent from one department to another, according to territoriality. This will take some time, which may be lost and the criminals will be able to avoid deserved punishment.
You can contact the police not only in person, but also by telephone. To do this, you need to tell the police officer on duty your last name, first name, patronymic, home address and the nature of the appeal. A group of employees who arrive to check the message will take a written statement from the citizen and interview him in detail about what happened.
After inspecting the scene of the incident, the police will identify possible witnesses and eyewitnesses, and seize items (notes, audio and video recordings, emails) that will later be used as evidence of the actions of the criminals.
A citizen writes an application in person only if he is already 18 years old. Instead of minors, the application is submitted by their parents or legal representatives, who may be guardians or teachers of an educational institution. It is drawn up in this form:
To the chief (indicate the name of the territorial police department) police lieutenant colonel A.A. Ivanov from Petr Petrovich Zaitsev, born 01/01/1970. living at the address: Zadonsk, Stroiteley Street 45 sq. 109 (indicate place of work) telephone: (indicate landline or mobile phone number)
Statement
I ask that persons unknown to me be held criminally liable who, during the period from January 15, 2022 to January 20, 2022, call me daily on my mobile phone at (indicate the phone number to which calls are received), threaten to damage or burn my car and demand money in the amount of 100 000 (one hundred thousand) rubles. I perceive threats realistically, since the car is stored in an unguarded parking lot, near the entrance of the house in which I live. The demands of the unknown are based on the fact that I am in business and, in their opinion, have high income.
On liability for knowingly false denunciation under Art. 306 of the Criminal Code of the Russian Federation warned (signature) P.P. Zaitsev
01/20/2022 (signature) P.P. Zaitsev
statements of extortion of money to the police
When contacting the police in person, police officers will ask the person to write a statement of extortion in the prescribed form. Then they will register it and issue a notification coupon indicating the serial number and date of reception. The officers on duty will interview the applicant in detail about all the circumstances of the incident, and then send a task force to the scene.
Verification of all facts will take from three to ten days. In exceptional cases, it can be carried out for up to thirty days. In either case, the applicant will be given written notice of the decision.
Let's sum it up
The article for extortion of money is part of the entire Criminal Code in force in our country. The information it contains not only defines the crime of extortion, but also dictates to us how to deal with offenders and explains exactly what rights and freedoms of respectable citizens are violated by extortion. Study it carefully. Now you know that your rights are violated even when attackers voice demands for the transfer of money and threats. This means there is no need to wait for the threat to take effect. Collect evidence, or if you are afraid, contact the police immediately. The specialists of this body will conduct an investigation and protect you from malicious citizens.
Citizens of the Russian Federation should know what murder is, what article regulates this offense and what are the specific features of committing a crime. There are certain mitigating and aggravating circumstances. We will tell you more about this topic in a special article.
What is evidence of extortion
As evidence of the actions of the extortionists, you need to hand over letters or notes with threats (if any) to the police. In addition, the owner of the SIM card can obtain from the cellular operator details of all calls of interest to the police received on the applicant’s phone.
Recordings of answering machines and voice recorders, PBX data or video from surveillance cameras can also serve as evidence of extortion of money. The testimony of relatives, friends, acquaintances or simply neighbors who accidentally witnessed extortion from a person is very important.
Did the article help you?
Not really
How to fight?
If each case of extortion on the part of state and municipal structures is reported to the relevant authorities , then, most likely, it will be reduced to a minimum.
In particular, extortion in medical institutions can be stopped by filing a complaint with the head physician against those health workers who extort money for performing their immediate duties. Contacting an insurance company will give good results .
What is important first of all is the concern and determination of those from whom money is extorted.
Of course, sometimes joining the fight against ransomware is fraught with stress .
But the extortionists will be punished , and potential extortionists working in these institutions, having weighed all the pros and cons, will probably abandon their plans.
In addition, it is necessary to take measures aimed at protecting personal data and personal information so as not to create a wide field of activity for extortionists.
You should not reveal family secrets to strangers, brag about your material wealth, transfer your photographs, documents, etc. to third parties.
Particular care should be taken when posting information on the Internet. You should not make dubious acquaintances.
