According to the Criminal Code of the Russian Federation, extortion of money is an encroachment, first of all, on property relations. The dignity, inviolability, honor and health of victims are additional objects of crime. The term for extorting money depends on the severity of the infringement, the presence of aggravating circumstances. Let us further consider what liability exists for this crime, as well as signs on which the act is delimited from other attacks.
Extortion of money: article
The Russian Federation is a legal state, functioning on the basis of the Constitution and laws. Legal acts do not allow any encroachment on property, dignity, inviolability, honor, human health. These benefits are strictly protected by law. Extortion of money (Article 163 of the Criminal Code of the Russian Federation) is a requirement to provide another's property or rights to it or to commit other acts of a material nature. Responsibility under the law occurs when the act is accompanied by threats of violence, destruction / damage to material assets, dissemination of information that dishonors the victim or his relatives, as well as data that could cause significant harm to the interests or rights of the victim (his relatives). The article for extorting money establishes the following types of punishment:
- Restriction of freedom (no more than 4 years).
- Six months arrest.
- Forced labor lasting no more than 4 years. In addition, restriction of freedom up to 2 liters can be charged.
- Imprisonment up to 4 years. In addition, a fine of up to 80 thousand rubles can be charged. or making up the perpetrator’s income for six months.
Aggravating circumstances
In accordance with the Criminal Code, extortion of money is punished more severely if it is committed:
- Pre-arranged citizens.
- With the use of violence.
- In large size.
For these acts, the guilty shall be charged with imprisonment of up to 7 years. In addition, a fine of up to 500 thousand rubles may be imposed. or making up the income of the perpetrators for 3 years, as well as the restriction of freedom for 2 years. According to the considered norm of the Criminal Code, extortion of money can also be carried out by an organized group, with grievous bodily harm, as well as with the aim of capturing material assets on an especially large scale. In such situations, perpetrators can receive 7-15 years in prison. In addition, they may be fined 1 million rubles. or making up the income of convicts for 5 years, as well as up to 2 years of restraint of liberty.
Comments on the Criminal Code
Extortion of money is an encroachment, the subject of which is someone else's material values, rights to them, other actions of a material nature that the victim should take in response to the unlawful demand of the subject of the crime. The victim may be a person who owns, runs or protects financial assets, as well as his relatives.
Objective part
The considered article of the Criminal Code (“Extortion of money” ) provides for punishment for behavior aimed at forcing a citizen to transfer to the guilty person or to the persons whom he represents the required material values (rights to them), as well as to perform certain acts of a material nature in the interests of the offender. This assault has a number of significant differences from theft. The latter involves the independent appropriation of funds belonging to the victim. Extortion of money is expressed in forcing a citizen to voluntarily give out material values or rights to them. At the same time, the perpetrator uses threats to use violence, damage or destroy any property, to disseminate certain information that discredits the victim or his relatives.
Specificity
The corpus delicti is formal. Accordingly, the direct transfer of material values may occur after some time or not happen at all. In this case, it should be understood at what point this article of the Criminal Code can be applied. Extortion of money will be considered a completed crime upon the direct presentation of an unlawful demand, accompanied by appropriate threats. The guilty person proposes to the citizen to vest him or the persons whom he represents with the right, upon the realization of which they will be able to receive material benefits. In the description of the act there is the term “other property actions”. They mean legally significant behavioral acts, as a result of which the offender or the persons whom he represents, benefit or get rid of expenses.
Coercive means
Extortion of money (Article 163) can be carried out using threats:
- Apply violence to the victim or his relatives.
- Destroy / damage property.
- Disseminate information defaming the dignity / honor of the victim (his relatives), or other data that could cause significant harm to their interests and rights.
Article 163 of the Criminal Code of the Russian Federation (“Extortion of money ”) does not specify the nature of the violent actions threatened by the attacker. It follows that it can be absolutely anything. In this case, the threat of murder is fully covered by the article for extorting money. The Criminal Code of the Russian Federation qualifies the implementation of threats as going beyond the scope of the composition in question. Accordingly, the guilty party is involved in a set of norms. An additional article will be Art. 167 of the Criminal Code. In the event of the actual disclosure of information defaming the dignity / honor of the victim / his relatives, undermining their reputation, which is in this case knowingly false, form an additional slander.
Subjective part
Extortion of money is a crime that is committed with direct intent. The guilty person, realizing the unlawfulness of his behavior and the consequences that will occur for the victim, wants to receive illegal benefits. Moreover, he is guided by selfish motives. For extorting money , it is allowed to prosecute individuals (sane) who have reached the age of 14.
Qualifying signs
They are provided for in part two of the norm. Qualifying signs are the commission of an act by previously conspiring entities, on a large scale and with the use of violent acts. The first two criteria in their content are similar to those provided for theft. The second symptom covers violence that is not associated with harm to health or caused a mild or moderate disorder. In the first case, for example, extortion of money can occur in case of beatings, mockery, etc.
Highly Qualified Features
They are negotiated in part three. A crime can be committed by an organized group, with grievous bodily harm or on an especially large scale. The first criterion is similar in content to the eponymous trait during theft. The latter means that the offender forces the victim to transfer to him material assets, the value of which is above 250 tr, to take other actions of a material nature, the result of which will be to obtain a benefit of the indicated size.
Grave harm
He acts as a result of the use of violent acts against the victim. Serious harm is fully covered by a specially qualified composition. Accordingly, the additional application of Art. 111 CC is not required. But if the infliction of grievous harm resulted in the death of the victim, the act must be qualified in addition to 111 Art. Criminal Code of the Russian Federation. Extortion of money should be the sole intention of the perpetrator. The death of the victim should not be covered by them.
Related Acts
The crime in question, first of all, should be delimited from robbery. The threat of violent acts in the latter case acts as a means of forcing the victim to voluntarily (by external signs) transfer material assets. When committing a robbery, the perpetrator indicates the likelihood of the use of violence that is not harmful to the life / health of the victim. With extortion, the nature of the actions is not specified. Robbery involves the capture of other people's material values. Accordingly, causing property damage to the victim acts as a mandatory feature of the objective part. With extortion, the transfer of material assets to the criminal is beyond the scope of this side of the composition.
Delineation from robbery
Extortion differs from this act by the following features. With robbery, an attack is a mandatory criterion. Extortion, in turn, is far from being accompanied by it in all cases. Robbery is accompanied by a threat to health / life. When extortion from a criminal, a warning may be issued about the use of any violence. He can threaten the victim with murder, for example. Moreover, in the case of extortion, the threat may also be of an indefinite nature. Another important differentiating feature is the intended use of the funds used. In particular, in robbery, the threat is used to overcome the probable resistance to unlawful seizure of property. In other words, it acts as a way of directly appropriating wealth or retaining it. In extortion, a threat is a tool for forcing the victim to consent to voluntarily surrender the property. In this case, the attacker does not seek to seize other people's material values, but to get them directly from the victim’s hands. If the latter refuses, the offender may realize the threat or not commit the promised actions. In addition, in case of robbery, an attacker creates a danger with a warning about the immediate use of violence. With extortion, the realization of the threat is assumed not in the utterance, but in a more or less near future. In this case, if the guilty person executes the warning, then without taking possession of property in the use of violence. Otherwise, his behavior is retrained, depending on the nature of the violence, into robbery or robbery.
Additional victims
With extortion, threats can be addressed not only directly to the victim. The victims are often his parents, wife / husband, other persons who are in a relationship with him. The threat directed at them is aimed at forcing the victim himself to fulfill the requirements of the attacker.
Arbitrage practice
In 1990, the Plenum of the Armed Forces adopted the first Resolution concerning the application of Art. 163. However, by 2010 there was a need to amend the document in line with the prevailing conditions. The new Resolution was adopted only in 2015. This act reflects the key provisions of the application of the norm, taking into account the current situation. Let's consider some points of the document. Clause 1 states that an attacker may pursue the goal of gaining profit both for himself and for third parties. When assessing the danger, it is necessary to prove that the victim perceived the threat as real. The victim should have been in a state of fear that the criminal could carry out it at any time. Non-fulfillment of the requirements by the victims does not affect the assessment of the act. An attacker will in any case be considered a ransomware. If the perpetrator requires the transfer of funds regularly (every month or weekly), his behavior is qualified as a single crime. In the event of the extortion threat of disclosing banking or commercial secrets, disseminating knowingly false information, the behavior of the subject is qualified according to the totality of the relevant articles. If the requirement to transfer funds is legitimate, but accompanied by warnings about the use of violence, there is no corpus delicti. In this case, qualification under other articles is possible (arbitrariness, for example).
How to prove the actions of an attacker?
Holding ransomware accountable is not so simple. This crime is considered a high latency (hidden) act. There are two ways to resolve the situation: on their own or with the help of law enforcement agencies. In the first case, some rules should be followed. First of all, when dealing with a ransomware, you must try to stay calm. You should not go about feelings and emotions. If it was not possible to get rid of the attacker, it is advisable to take time. You can seem to agree to fulfill the requirements. After that, try to pull the time. You can independently begin the collection of evidence, testimony. If you manage to delay time, you should come to the next meeting with a voice recorder or try to schedule a conversation in a room with surveillance cameras. You can try to find people who also suffered from extortion. For example, quite often a large number of people become victims of the actions of officials. Of course, not everyone will agree to participate in such an “investigation”. However, with their help, the chances of proving the guilt of the subject are significantly increased.
Contact the police
If you have materials proving the guilt of the criminal, you can go to law enforcement. You need to contact the office located at the place of the act. For example, a citizen permanently resides in Kaluga, and came to Oryol on a business trip. One day, threats and demands began to arrive to transfer a certain amount of money. You need to contact the police in Orel. The police will issue a statement that needs to be filled out. In some departments, the employees themselves do this. Be sure to check the registration of the appeal.
Additionally
Extortion may involve people of various professions. Teachers and doctors are no exception. If any of these employees refuses to perform duties, demanding remuneration for this, there is often no need to immediately contact the police. The problem can be solved by writing a complaint to a higher authority (Department of Health or Education). In this case, you also need to make sure that the appeal is registered. Quite often in practice there is extortion from schoolchildren. In such situations, parents need to protect their children. To do this, you can contact the teachers, the director of the school, the staff of the KDN. In some cases, the problem can be solved after talking with the parents of the ransomware.