One of the crimes in the property sector, according to the Criminal Code, is extortion of money or other property or rights to it. This crime is not so rarely confused with robbery, theft, arbitrariness and some other criminal acts.
This implies an attack not only on property, but also on human health and life. Depending on what actions accompanied extortion, the law provides for sanctions of varying degrees of severity.
However, a crime is not always such. Let's imagine this situation: you entered into a deal with someone in which the person transferred money to you without formalizing it in accordance with the requirements of the law.
After some time, he accused you of extortion, citing the fact that you allegedly demanded this money from him, threatening him with violence. In this case, you can, of course, fight it out on your own, but we still strongly recommend that you seek help from an experienced lawyer.
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Lawyer under Article 163 of the Criminal Code of the Russian Federation Extortion
In the Criminal Code of the Russian Federation, extortion is understood as a requirement to transfer someone else’s property or the right to property, while the actions of the attacker are accompanied by threats of violence or destruction of someone else’s property, or threats of dissemination of information that humiliates the honor and dignity of a person or other information, the dissemination of which may entail a violation of rights and legal interests of individuals.
The subject of a crime under Art. 163 of the Criminal Code of the Russian Federation can be a person who has reached the age of 14 years, which is an exception to the general rule of criminal liability at the age of 16 years.
The subjective side of the crime is closely related to the direct intent and conscious actions of the attacker aimed at illegally obtaining someone else’s property through the use of threats.
In order for all the elements of the subjective side to come together, the following conditions must be present:
- The property that the attacker is claiming must be someone else's.
- The attacker should not have the right to dispose of this property.
- The demand for the transfer of property must be against the will of its owner.
- The presence of the above threats of various natures, which are described in more detail in Art. 163 of the Criminal Code of the Russian Federation.
The objective side of extortion refers to active and targeted actions to seize someone else’s property, which are accompanied by threats of violence. Moreover, the extortionist may demand both the transfer of property directly and the transfer of rights to it.
The object of the crime is property relations; the attacker causes property damage to the victim. An additional object is relations concerning life and health (when the attacker threatens with physical violence) or honor and dignity (when the offender threatens to disseminate information discrediting the victim)
The elements of extortion are truncated, which means that the thesis “attempted extortion” cannot be used, because Regardless of the result (whether the criminal received someone else's property or not), the very requirement to transfer property under the threat of violence is already a crime.
The qualifying features are the commission of a crime:
- by a group of persons by prior conspiracy;
- with the use of violence;
- on a particularly large scale;
- organized group
- causing serious harm, etc.
The minimum punishment under Article 163 of the Criminal Code of the Russian Federation will be restriction of freedom for up to 4 years. The maximum is imprisonment for a term of 7 to 15 years with a fine of up to 1 million rubles.
Features of the crime
Extortion on the Internet
Modern technologies also create modern problems. One of the most common types of extortion involves the use of Internet technologies.
The most popular cases are:
- Blackmail using information compromising a person - personal or business correspondence, photographs, videos. According to the Criminal Code of the Russian Federation, extortion in this case is accompanied by another crime - hacking.
- Demand for funds with the threat of hacking or attacking an Internet site, remote store, or other online resources.
Telephone extortion
A very common type of crime. Most often, scammers require:
- payment of a non-existent loan or a loan for another person (relative, friend);
- repayment of an existing loan, but using legally prohibited means (often used by debt collectors);
- money for “saving” a close relative in trouble.
In an educational institution
One of the most common types of extortion in our country. Many people do not even consider this act a crime.
Collections from parents often require:
- for admission to a kindergarten (out of turn, not at the place of residence), to a school (not according to registration), to a secondary or higher educational institution;
- for stationery, purchase of toys, furniture, equipment, etc.,
- repair of a group, classroom, office, garden, school, institute;
- payment of security guards, purchase of security video equipment;
- for the purchase of textbooks, manuals, teaching materials, supplies for teachers (paper, printers, etc.).
ATTENTION! The requirement to purchase clothes for a child in accordance with the dress code established by the Charter is legal. Parents must provide the child with the appropriate uniform. The only thing that is illegal is the condition of purchasing clothes in a specific place.
In the hospital
In medical institutions there is another, specific extortion. Art. 163 does not speak about it directly, but implies it. This is a threat not by action, but by inaction. For example, a promise to delay an urgent operation, or to perform it poorly if the money is not received in advance.
At work
Cases of extortion at work include:
- payment of losses, shortages without legal grounds (lack of audit, for those days when the person did not work, in relation to a person not financially responsible);
- gathering for events, holidays, without the employee’s desire;
- arrangement of the workplace, acquisition of tools and equipment, repair work;
- various types of charitable contributions;
- forced repurchase of enterprise products or use of services.
Extortion from minors
The most common type of extortion from a minor is older students demanding money or valuable property from younger students. Sometimes classmates also make such threats. What should you do in this situation?
Parents can contact the legal representatives of the hooligans (parents, guardians) or, bypassing them, directly to the teaching staff of the educational institution. Sometimes both the teacher and the class teacher can influence children. If this does not help, you should contact the head teacher or director. If there is no response from the above-mentioned persons, it is necessary to submit a statement to the Juvenile Affairs Committee (Commission on Minors) or to the police.
It should be remembered that criminal liability for extortion (clause 2 of Article 20 of the Criminal Code of the Russian Federation) begins at the age of 14; if the offender is younger, his parents will bear the punishment.
The term for extortion can be received at the age of 14 years.
Protection under Article 163 of the Criminal Code of the Russian Federation Extortion
Timely contacting a lawyer gives you the following advantages at further stages of the investigation:
- The lawyer will explain how best to formulate the first testimony. It is the primary testimony that forms the foundation of the prosecution, and the wrong behavior of the accused at this stage can predetermine the outcome of the entire process.
- The sooner you contact a lawyer, the more time he will have to collect evidence for your defense.
- At the preliminary investigation stage, a lawyer will monitor the observance of your rights during interrogations and during other investigative actions, this reduces to zero the chances of arbitrariness against the client on the part of the prosecution.
Lawyer under Art. 163 of the Criminal Code of the Russian Federation, extortion usually uses the following methods of defense:
- Challenging involvement in the commission of a crime.
A method that is used regardless of the crime. There are times when it is convenient for representatives of justice to throw accumulated “penalties” onto the accused, similar cases in which it is difficult to find the culprit of the crime. In this case, a lawyer will help defend the rights of the client.
- Retraining at Art. 330 of the Criminal Code of the Russian Federation Arbitrariness.
A well-structured defense can make it possible to reclassify extortion as arbitrariness. Article 330 of the Criminal Code of the Russian Federation provides for a less severe punishment than Art. 163 of the Criminal Code of the Russian Federation.
- Retraining at Art. 179 of the Criminal Code of the Russian Federation.
As in the case of arbitrariness, Art. 179 of the Criminal Code of the Russian Federation Coercion to complete a transaction or refusal to complete it has a less stringent sanction. If the minimum punishment under Art. 179 of the Criminal Code of the Russian Federation is a fine of up to 300 thousand rubles, then in the case of Art. 163 of the Criminal Code of the Russian Federation, the minimum punishment will be restriction of freedom for up to 4 years.
- Requalification for Part 1 of Art. 163 of the Criminal Code of the Russian Federation.
In practice, cases arise when the state. To toughen the punishment, the prosecutor charges the accused with committing a crime through the use of violence, with the aim of reclassification to Part 2 of Art. 163 of the Criminal Code of the Russian Federation. A competent lawyer will help you stop these actions and correctly build the evidence base.
