Extortion: how it happens and what the punishment will be under Article 163 of the Criminal Code of the Russian Federation

ST 163 of the Criminal Code of the Russian Federation.

1. Extortion, that is, the demand for the transfer of someone else’s property or the right to property or the commission of other actions of a property nature under the threat of violence or destruction or damage to someone else’s property, as well as under the threat of dissemination of information disgracing the victim or his relatives, or other information that may cause significant harm to the rights or legitimate interests of the victim or his relatives - is punishable by restriction of freedom for a term of up to four years, or forced labor for a term of up to four years with or without restriction of freedom for a term of up to two years, or by arrest for a term of up to six months, or imprisonment for a term of up to four years with a fine in the amount of up to eighty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to six months, or without it.

2. Extortion committed: a) by a group of persons by prior conspiracy; b) has become invalid; c) using violence; d) on a large scale - is punishable by imprisonment for a term of up to seven years with a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years, or without it and with restriction of freedom for a term of up to two years, or without one. 3. Extortion committed: a) by an organized group; b) for the purpose of obtaining property on a particularly large scale; c) causing grievous harm to the victim’s health; d) has become invalid - shall be punishable by imprisonment for a term of seven to fifteen years with a fine in the amount of up to one million rubles or in the amount of wages or other income of the convicted person for a period of up to five years, or without it and with restriction of freedom for a term of up to two years. or without it.

Corpus delicti

In order to recognize an act as a crime, all the elements of a crime must be present.

1. The object of any offense is public relations, interests, and human rights. The object of extortion is double - firstly, an attack is committed on someone else’s property, and secondly, on a person’s life, health or personal information.
2. The objective side is a set of certain actions and the consequences that arise after them. In this case, actions are demands for the transfer of property or rights to it, as well as the use of threats. The consequence can be either the loss of property or the implementation of the criminal’s intentions. Moreover, the presence of consequences does not matter - the crime is considered completed at the moment when the threat is expressed, without putting it into practice.
3. Subject. Sanctions under Article 163 of the Criminal Code of the Russian Federation are provided for persons over 14 years of age.
4. The subjective side is those motives that prompt a person to commit an act, the goals of the act, as well as the subject’s internal attitude towards his actions. The goal is obvious - obtaining property benefits, and the attitude is characterized by direct guilt - the person must be aware that he is committing an illegal action and consciously strive for it.

NOTE! The Criminal Code provides for liability not only for extortion of money, but also for any property or rights to it. These can be cell phones, equipment, jewelry, clothing, as well as documents on the transfer of rights - sales and purchase agreements, donations, wills, etc.

A little bit of history

In the Criminal Code, the concept of “blackmail” appeared at the beginning of the 20th century.

At the beginning of the 20th century, the concept of “blackmail” appeared in the Criminal Code, although the meaning put into it was slightly different than it is now. Then blackmail was identified as an independent crime, and was punished separately. At a time when the world was ruled not by information technology, but essentially by human relations, this type of extortion was more of a property or moral nature. And all because it was only possible to achieve goals in this way.

4 years later (already in 1926), two concepts such as “blackmail” and “extortion” were combined into one article and began to be considered together. What, in fact, was done in vain, because from that moment the prerequisites appeared for including blackmail simply as one of the varieties of extortion. In 1960 (in the new Criminal Code), this concept became more or less clear. A relatively clear definition emerged, according to which blackmail was perceived as a threat to disclose any facts that would disgrace the victim and his family. Even today, some authors (as well as inexperienced lawyers) use this narrow concept.

In 1966, in the new edition of the Criminal Code, the concept became a little broader. Thus, in the mid-20th century and to this day, the concept of “blackmail” represents a threat to the dissemination of any information that could disgrace the victim, as well as any family member, as well as any other information that could cause significant harm to the legal rights of both the victim, as well as his relatives.

True, in not a single article of the Code can one see concepts in the form “blackmail -...”. And therefore, many disputes often arise regarding this type of extortion, especially in court, when it is necessary to prove the actions of a particular person.

Difference from other types of crimes

Only if all the above-mentioned signs of a crime are present can it be considered extortion. If there are differences, then it is a different type of offense.

Most often, extortion is confused with robbery, theft and robbery. What's the difference between them? Articles for extortion of money (163), robbery (162), theft/theft (158) and robbery (161) provide for different crimes.

Articles for extortion and robbery provide for different punishments

Robbery is an attack committed with the aim of stealing someone else's property, involving the threat or use of violence.

The first mandatory element of the crime of robbery is assault, the second is violence or the threat of its use. In the case of extortion, there will be no attack or violence, only a threat. Extortionists use psychological pressure without resorting to physical actions.

Thus, what these crimes have in common is illegal demands for property and threats. Distinctive features are the presence or absence of an attack, the use of violence.

Theft is the seizure of property without the use of additional means - threats and demands. Moreover, theft can be open (robbery), when money or things are simply taken from the victim in his presence, or ordinary theft.

The main difference between robbery and extortion is the difference in time. Robbery is committed here and now, and extortion is aimed at obtaining money in the future, that is, it is extended over time. In addition, threats and violence in the case of robbery also occur at the same moment as the taking of property, and are real; in extortion, they are promises to commit them sooner or later.

INTERESTING. A demand for the return of money on a receipt or loan, accompanied by threats, is not considered extortion, since the criminal has the right to legally receive funds (through a claim or court). This act falls under Art. 330 Arbitrariness.

Subject of blackmail according to Article 163 of the Criminal Code of the Russian Federation

Using blackmail, attackers can try to get completely different values. Common examples include:

• Property to which the victim has rights of ownership, possession or use.
• Personal items (phone, computer, etc.).
• Money (cash and non-cash).
• Securities.
• Property rights, including exclusive rights and claims.
• Performance of work or provision of services.

In some situations, demanding repayment of a debt or fulfilling previously assumed obligations will also be considered blackmail.

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:

1. 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.
2. 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.

What to do if you are being blackmailed?

Knowing the aspects of the law regarding the actions of blackmailers, you need to understand the procedure for protecting yourself from them. Of course, the first thing you need to do is contact the police. But when filing a statement of threats, you need to back it up with documentary evidence. Otherwise, the application may simply not be accepted or they may refuse to initiate a criminal case on its basis, since there is no corpus delicti in the case.

In addition to collecting evidence, when submitting an application, it is important to ensure that it is registered in the appropriate register and the applicant is given a coupon with a registration number. This document will be proof that the application will actually be considered.

Term for extortion

Art. 163 of the Criminal Code of the Russian Federation provides for punishment for extortion. If the crime is committed without aggravating circumstances, the convicted person may receive:

• restriction of freedom (up to 4 years);
• forced labor for the same period;
• forced labor associated with restriction of freedom (up to 2 years);
• arrest (up to 6 months);
• imprisonment (up to 4 years);
• similar imprisonment and a fine of 80,000 rubles. or six months' earnings.

If extortion is committed on a large scale, the following types of punishment are provided:

• imprisonment (up to 7 years);
• imprisonment and a fine of up to 500,000 rubles. or three years' earnings
• all of the above plus restriction of freedom for up to 2 years.

Complex crimes (committed by an organized group, on a particularly large scale, causing grievous harm to health) are provided for in Part 3 of the article for extortion of the Criminal Code of the Russian Federation. The term of imprisonment increases from 7 to 15 years, a fine of up to a million or income for five years and restriction of freedom up to 2 years.

THIS IS INTERESTING. An amount over 250,000 rubles is considered large, and especially large – 1 million rubles.

Sanctions under Article 163 of the Criminal Code of the Russian Federation depend on the amount and the presence of aggravating circumstances

How to behave

If they demand money or other property from you, you must follow a few simple rules:

• remain calm, do not give in to provocations, do not follow your initial emotions;
• agree with the requirements, but come up with a way to stall for time (there is no money available, you need to collect it, the card is lost or seized, etc.);
• collect the maximum amount of evidence of the offense (dictaphones, audio, video recordings, witnesses);
• contact law enforcement agencies.

How to correctly write a statement about extortion (sample for downloading)

Reports of criminal offenses are filed with the police at the place where the offense was committed (even if you are in a foreign city). The document should indicate:

• data of the victim;
• date of commission of the crime;
• circumstances of the act (place, reason, size of property required, what threats were used)
• ransomware data (maximum known);
• the date, place and circumstances under which the property must be transferred.

The application must indicate what other evidence is available. If you know that this is not the first ransomware crime, try to contact other victims. Proving this offense if there are collective statements is much easier.

According to statistics, extortion is one of the few crimes whose number has recently begun to decline.
The increase in punishment under the article of the Criminal Code played a significant role. Extortion of money becomes a more complex action, with various opportunities to collect evidence (video, audio, which the criminal may not notice). I would like to believe that these statistics show a real decrease in crime, and not an increase in the sophistication of criminals who are difficult to catch in the act. Order a free legal consultation

Blackmail in the 21st century

Blackmail is used quite often

As mentioned above, today blackmail is a popular way to achieve some goals. Often, people specifically store information about a particular person (especially if it is documented) in order to use it in time at a certain moment. It is noteworthy that the information that the blackmailer wants to convey is not always true. In most cases, these are made-up facts and specially taken photographs that are in no way related to the situation. So, you can meet a lot of young girls who blackmail singers, poets, writers for only one purpose - to take more money from them. So, the information that the criminal wants to disclose may be:

• False, that is, when they are made up. In this case, they can be easily verified by simply asking leading questions, because the scammer is afraid of this. If the conversation takes place on the phone, then he will get rid of this much easier - either hang up, or call the police and provide information.
• Basically, criminals try to find damaging information related to some financial issues, personal relationships or secrets. Some people perceive blackmail as a threat to reveal a secret. But, unfortunately, now the concept is a little different, but if we look at it from all points of view, it will become clear that information helps many people earn money.