Priority actions if money is extorted. Where to go to bring criminal charges

Extortion is a mercenary crime specified in Art. 163 of the Criminal Code of the Russian Federation, and which is a form of unlawful taking of someone else’s property through threats, different from theft:

• use of violence against the victim;
• destruction of his property;
• disclosure of defamatory or secret information about the victim of extortion or his relatives (extortion through blackmail).

Unfortunately, this crime is widespread in modern reality, and often extortionists do not stop at one threat, demanding more and more material benefits for themselves. In such a situation, the victim of extortion needs to behave correctly in order not only to stop the actions of the criminal, but also to achieve a fair punishment.

What is extortion?

Extortion is a criminal act whose purpose is to seize someone else's property through blackmail.

Ransomware can use different threats to achieve their goals:

• threat to life and safety (the offender threatens to cause physical harm);
• threat to property (the extortionist threatens to harm property belonging to the victim or his relatives);
• dissemination of compromising information or the threat of its dissemination that could cause damage to the moral character of a citizen;
• dissemination of information damaging to close people of the blackmailed citizen.

It is worth considering that extortion is fundamentally different from robbery or robbery. The victim is not attacked, but is forced to give up something through the threat of future illegal actions against the victim. Threats can also be directed against relatives and friends of the blackmailed person. Sanctions for extortion are provided for in Article 163 of the Criminal Code of the Russian Federation .
Read Art. 163 of the Criminal Code of the Russian Federation

Is there a threat of criminal proceedings due to debts?

The borrower must definitely know that there is a civil and a criminal court, he must understand the difference between them. A criminal trial takes place if the Criminal Code is violated, that is, fraud, theft or murder has been committed. And civil law comes into play in property matters and in violation of certain contracts.

For persons who have taken out a loan and do not repay it for certain valid reasons, only a Civil Court can be carried out, where exclusively the issue of collecting money is considered. Naturally, there can be no talk of any criminal case in this case, and any borrower should understand this fact.

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A criminal case can be opened if the borrower took out a loan and did not immediately intend to repay it, i.e. carried out fraudulent actions that will still need to be proven in court.

What to do when someone extorts money?

Extortion of material resources is an illegal, unlawful act that entails criminal liability. Therefore, if a citizen begins to receive threats and demands to give up any material value, it is worth taking priority measures.

Where to contact?

The victim of extortion must submit a corresponding application to the competent authorities at his place of residence.

To apply, you will need to visit the police station and take an identification document. The application can be submitted in two forms:

1. oral form (when submitting explanations, the police officer draws up a protocol from the words and signature of the applicant);
2. written form (when submitting a written application, the citizen is given a coupon confirming its acceptance).

The crime report must indicate:

• number of the area in which it was registered; details of the applicant;
• all known information about the bandits;
• circumstances of extortion;
• evidence of a crime;
• awareness of liability for giving deliberately false testimony;
• date and signature of the applicant.

The basis for proving the fact of extortion can be used:

• audio recordings of conversations with scammers; printouts of telephone calls;
• testimony of extortion witnesses;
• recording of bodily injuries if they were inflicted;
• if collectors are involved in extortion, you should send a formal demand to the credit institution whose interests they represent. To properly formalize this requirement, you can contact a lawyer.

Andrey Andreevich

Criminal lawyer. More than 17 years of experience

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Within 10 days (from the date of filing the application), law enforcement agencies are required to conduct an investigation into the fact of extortion and make a decision based on its results.

In a situation where the police refused to register a statement or made an unfounded decision, a complaint should be filed with the prosecutor's office.

If the criminals are law enforcement officers, then a corresponding application is submitted to the security service.

Threat of bailiffs and court

An employee of a bank or collection agency can intimidate the debtor, threaten with court, criminal liability, but such threats do not carry much weight and should not be feared.

If the bank threatens to sue, then there is no need to be afraid, because the court is an excellent way to reduce fines and penalties on the loan. That is, in court the borrower will be able to file objections and thereby even reduce penalties, eliminate general penalties and reduce the size of total debts. Therefore, the sooner the bank files a lawsuit, the better for you. Read more about the court's decision in favor of the borrower here.

When intimidating by bailiffs, one must take into account the fact that civil servants can only act upon instructions adopted by a court decision. And if there was no trial and you are still threatened with the actions of bailiffs, then you should know and understand that this is a lie and a violation of the laws.

Responsibility for extortion under the Criminal Code of the Russian Federation

Responsibility depends on the number of extortionists and the crime, so the term of serving a sentence for one similar crime may differ significantly from another similar one:

• if the extortionist acts alone, this may result in a penalty of up to 4 years in prison;
• if a crime is committed by a group of persons, the penalty is up to 7 years in prison;
• for extortion of valuables valued at 1 million rubles or more, the penalty is 15 years in prison;
• if extortion is accompanied by the abduction and detention of a person, this will entail the simultaneous imputation of several articles of the Criminal Code of the Russian Federation.

In addition to imprisonment, a fine of 80 thousand rubles may be imposed.

Sample statement to the police

Death threat

And if the bank threatens with violence, then you should know about the law, Article 119 of the Criminal Code, which talks about imprisonment for a period of up to 2 years for such intimidation. Therefore, it is worth downloading a program on your phone that will record conversations with the bank, and with a recording of threats, you can safely go to the procurator to write a statement.

The bank has no right:

• Demand that the debt be repaid urgently.
• To extort money.
• Threaten with moral or physical harm.

Special cases of extortion

Extortion is a fairly common type of crime, constantly changing, developing new mechanisms and methods.

Next, let's look at some examples of extortion that are popular these days.

Extort money online

Recently, the Internet and social networks have increasingly become a tool for extortion . The reason for this lies in the specifics of social networks, since communication via the Internet allows the attacker to remain unrecognized and avoid punishment.

Often the subject of blackmail is personal photos and videos to which the blackmailer has gained access - this can be a video from Skype, photos and videos from VK (VKontakte).

So, for example, a money extortion scheme could be as follows. A girl or woman meets a man on social networks. In the process of communication, they begin virtual intimate relationships using video calls.

Since such communication is, as a rule, long-term in nature and involves the formation of a trusting relationship, the interlocutor (male) may ask to show a passport to confirm the age of his interlocutor. After receiving all the necessary information, blackmail and threats begin.

Therefore, in order to avoid becoming the target of fraud, you need to refuse to communicate with strangers on social networks, or make it a rule not to send your intimate photographs and videos.

If a person has already become a victim of scammers, then they should file a complaint with the police. Even after paying money, the victim of blackmail cannot be sure that he will be left alone.

What to do if they extort money in the army?

Hazing in the army can have such an unpleasant criminal manifestation as extortion. Recruits often become victims of extortion.

If a recruit encounters this phenomenon in the army, the following recommendations should be followed:

1. under no circumstances give the extortionists what they want; most likely, the extortionists will not stop there and will continue their actions;
2. a report should be submitted to the head of the company or military unit in which the conscript is serving. As a rule, extortionists do not assume that a recruit will dare to file a complaint;
3. if a recruit receives real threats, parents should be informed, who will file a complaint with the police or prosecutor's office.

Since the consequences of extortion in the army can have disastrous consequences for both parties, it is worth immediately suppressing such demands from colleagues.

How to deal with car scammers extorting money?

With the increase in vehicles, the number of car stops on the roads has increased. Having deliberately provoked a traffic accident, the scammers begin to extort money.

If a car owner has become a victim of car scammers, you should adhere to the recommendations below:

• lock the doors and do not get out of the car;
• call the traffic police;
• film everything that happens on your phone;
• do not respond to threats from intruders;
• do not agree to the proposal: “settle everything quietly”;
• do not leave the scene of the accident.

Since scammers force their victims to resolve everything on the spot without involving traffic police officers, it is extremely important for them to force all participants in this incident to leave the scene of the accident, which is contrary to the requirements of the law. Most likely, after the appearance of the traffic police, the extortionists will leave the scene of the accident, or they will have to obey the letter of the law.

To protect himself and his property, the car owner should purchase a DVR, which will record any manipulations on the road and will be an excellent means of resolving any controversial situations.

Where to complain if money is extorted in a kindergarten (school)?

Getting a child an education can result in large financial costs, and this may apply not only to secondary specialized or higher education. Parents often encounter extortions in preschool educational institutions, as well as in schools.

Schools and kindergartens are increasingly demanding money from parents for various needs. Most often money is extorted for:

• teaching aids, notebooks;
• gifts for teachers, educators, educational institutions;
• repair.

Parents need to remember that any contributions to schools and kindergartens are voluntary. It follows from this that each parent can contribute them or not, guided only by his personal desire.

If a parent believes that the amount required by these educational institutions exceeds the permissible norm and is unjustified, he can file a corresponding complaint with the head of the institution, the education department, or the supervisory authorities.

Contacts of the Department of Education of the Izhevsk Administration

Threat to take away child

Institutions may even threaten mothers to take their child away from them and send him to an orphanage if the debt is not repaid; this may also be an application to the guardianship authorities. Here it should be understood that this is intimidation and only psychological pressure; this method is effective, although very rude.

These threats are lies, since banks cannot submit requests to the guardianship authorities, much less select children. This issue is described in more detail in the Family Code of the Russian Federation, so mothers do not have to fear that their children will be taken away from them.

The bank cannot deprive parental rights because:

• Not authorized to file a claim (the interests of the child are affected).
• Art. 69 of the Family Code states that the inability to pay debts is the reason for deprivation of parental rights.
• Art. 70 states that such a claim can only be filed by parents or representatives of guardianship services.

Traffic police officers extort money

Driving a car is a big responsibility and carries the risk of getting into an accident . Human factor can be the cause of a wide variety of driver offenses:

1. intersection of continuous markings;
2. driving while intoxicated;
3. speed limit violation;
4. ignoring the rights of a pedestrian at a pedestrian crossing and much more.

The presence of various violations may become a pretext for an offer not to draw up a protocol in exchange for a monetary reward. In such cases, an effective way would be to turn on a voice recorder or make a video recording.

Andrey Andreevich

Criminal lawyer. Work experience more than 10 years

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Road users must not forget that giving a bribe to an official, as well as extorting it, is a criminal offense.

They can apply for someone else’s debt in several other cases

• You are a guarantor for a “problem” loan, and therefore bear joint liability. You can influence the debtor to pay off the overdue payment or you will have to pay it yourself.
• In the loan application, you were indicated as a contact person through whom you can contact the borrower.

Important: You do not bear any responsibility for this debt. However, collectors will try to convince you so that you “click” on the defaulter or pay for him.

Articles of the law that control the work of collectors. They have the right:

• Demand repayment of the debt through calls, SMS and personal meetings.
• Disturb the debtor no more than 2 times a week, from 8:00 to 22:00 on weekdays and from 9:00 to 20:00 on weekends and holidays.
• Make appointments no more than once a week.

One of the best ways to protect yourself from threats is to contact a credit lawyer. He will give useful recommendations for your further actions.

In order for a criminal case to be opened against you, you need evidence that you fraudulently obtained a loan and did not initially intend to repay it. If you have been paying off the loan for several months or years, then a criminal case will not be opened due to the lack of corpus delicti.

Which bodies are responsible for accepting written complaints?

The most reliable and faithful defender of consumer rights is Rospotrebnadzor. If the issue is the introduction of a restriction on early loan repayment, then it is necessary to file a complaint against the bank with Rospotrebnadzor. Registration of refund of loan commission (if it was established illegally, but paid on time); a complaint about the transfer of a debt to a collector without client notification - all these are issues that are dealt with by Russian consumer supervision.

The Bank of Russia has developed a simple website. With its help, any client whose rights have been infringed can complain about the organization to the Central Bank (for example, if bank employees refuse to provide the client with the necessary information).

There are often cases when a banking organization, wanting to attract more clients, conducts advertising campaigns. Thus, future consumers in this area are misled (they count on low interest rates on loans, but in the end the conditions for receiving them are inconvenient for the client). And a reasonable question arises: where can you complain about the bank?

Another guardian of order in the financial sector is the Federal Antimonopoly Service. The FAS is responsible for accepting complaints about banking actions in the event that a bank misleads customers - it uses advertising for this or imposes compulsory insurance on a specific company cooperating with a banking organization.

Before you seek justice and restore violated rights, you need to clearly decide to go to the end, because the bank is rude to not only one client, so it is necessary to eradicate it.