Illegal acts that are committed against the interests of citizens of the country and not only should be punished. For this, there is the Criminal Code of the Russian Federation, which spells out all the subtleties and definitions necessary in order to solve a crime and know its subject exactly. Illegal actions that are aimed at causing harm to another person are punished depending on the motives of the acts and the result. One of these is extortion. In order to clearly determine what constitutes this crime, it is necessary to turn directly to the Criminal Code of the Russian Federation.
Which article applies?
In order to get acquainted with what is the subject of the crime and what measures are being taken to the perpetrator, it is necessary to refer to Art. 163 of the Criminal Code. This act applies to crimes against property, because it violates the rights of the injured party. Since the law guarantees every citizen rights and freedoms, such as the right to free movement, thoughts, words and so on, any actions aimed at infringing on these rights and freedoms will certainly be proved and punished. This article consists of three parts.
Definition of a criminal act
According to article 163 of the Criminal Code, extortion is an unlawful act directed against the property of another person, they consist in the fact that the perpetrator requires the victim a certain amount of money or other tangible or intangible assets. The main distinguishing point is the fact that the injured party did not give consent and did not express a desire to perform this action. A crime can be committed under pressure, which is not only on the victim, but also on his family, friends and relatives. It should also be understood that this applies to the personal property of the victim, to that which does not belong to the ransomware, that is, to someone else's property.
In order to understand the essence of the criminal action, we give the simplest example. The kindergarten management requires the parents of a child who attends this educational institution, an entrance fee of $ 500. Otherwise, the child will be expelled from the kindergarten. These actions are illegal because they contradict what the state guarantees to its citizens, namely the right to free education.
Sometimes people don’t even think about the fact that the requirements that are imposed on them by other persons, representatives of organizations and municipal institutions, are illegal.
Varieties of extortion
There are several types of crimes against property of another person, which qualifies as extortion of Art. 163 of the Criminal Code with comments. The punishment depends on the circumstances under which the unlawful act was committed. There are several main types of crimes against property of others.
Part 2 of article 163 of the Criminal Code
The second part of the article contains such information. A crime can be committed as follows:
- a group of persons, and this was preceded by a conspiracy;
- clause b of this part of the article has lost force according to the Federal Law of December 8, 2003;
- paragraph c describes the type of crime in which violent acts were applied against the injured person;
- paragraph d describes a crime committed on an especially large scale.
The punishment for this part of the article provides as follows:
- restriction of freedom of a citizen for up to seven years, while he also faces a fine of up to 500 thousand Russian rubles;
- imprisonment of up to seven years with the use of penalties in an amount equal to the wage or other income of the accused received for up to three years;
- imprisonment for up to two or up to seven years.
When considering this issue, the result achieved in the commission of the crime is not so important. That is, it does not matter whether the result was a violent act against the injured person. If violent measures were carried out, then a completely different article of the Criminal Code of the Russian Federation will correspond to this. In this situation, the result is important, for example, causing a harsh environment to the victim or causing moderate harm, light bodily harm or theft, robbery, and so on.
Part 3 of article 163 of the Criminal Code
According to article 163, extortion is understood to mean the commission of violent property actions directed against the property of another person:
- in part a of the article, the crime is committed by an organized group of persons;
- in part b of the article, violent extortion is used to take possession of another's property on a large scale;
- part regarding such types of extortion, when the victim's health was inflicted heavy damage;
- part g of the article expired on December 8, 2003.
As for the punishment for committing a crime against another's property, it will be like this:
- imprisonment from 7 to 15 years with a fine of up to one million rubles;
- imprisonment of 7 to 15 years with a fine, which will correspond to the size of the salary or other source of income for a period of up to 5 years;
- restriction of freedom from 7 to 15 years;
- restriction of freedom of the offender up to 24 months.
If the crime qualifies as extortion of Art. 163 of the Criminal Code with comments (a large amount implies a more serious punishment), then the guilty person faces imprisonment and a fine, the amount of which is determined by the court. To understand the essence of the crime of this type and the ability to distinguish it from other similar illegal actions, it is worth referring to the comments to Art. 163 of the Criminal Code.
A comment
Considering extortion, Art. 163 of the Criminal Code with comments, the size of the fine and the punishment for the perpetrator, it is worth saying that mitigating circumstances can be taken into account . Extortion is a special form of crime against the property of another person. The reason for this is quite simple, the form of the illegal act has a complex nature, because in order to determine exactly this article to punish the guilty person, it is necessary to provide unquestioning evidence. This is sometimes quite difficult to do. This crime is not as simple as robbery or theft of another's property. In order to determine the corpus delicti, a very strong evidence base will be required . It must be collected by the investigator who leads this case. As for the practical part, this is a rather rare crime, not because no one commits it. Just proving it is difficult.
When qualifying the actions of the perpetrator as extortion of Art. 163 of the Criminal Code of the Russian Federation with commentary, the period is regulated depending on several criteria. The article contains very important information, provides for punishment depending on the conditions under which it was committed. Comments will help to distinguish between robbery, robbery and extortion. These are very similar crimes, but each of them has a separate punishment.
It should be noted that the extortion itself can be considered perfect at the moment when the criminal person presented his demands to another person to transfer his property rights to property that did not belong to the first one.
What needs to be proved?
Very rarely, extortion appears as the only criminal act. It usually involves other, more serious crimes. In order to apply for extortion of Art. 163 of the Criminal Code with comments, you need to know the deadline for submitting an application. Two prerequisites are required.
- The accused claimed property rights to another's property.
- These actions were accompanied by threats, blackmail and other measures of psychological, and sometimes physical violence.
The second paragraph is a method and means of achieving the task by the perpetrator.
Nuances of the article
The crime is committed intentionally, if we talk about extortion (Article 163 of the Criminal Code with comments). The plaintiff's statement must contain the conditions and circumstances under which the offender wanted to take possession of another's property or rights to it.
In order for a person to be responsible for his criminal actions, he must be brought to justice. How to do it? The first step is to visit the police station and write a statement with all the details. From this moment, an investigation of the fact of the crime begins, the search for the perpetrators and the accumulation of evidence.
Extortion Statement
To start a criminal case, you need to draw up and file a statement from the victim to the police. It is submitted in free form, but there are some mandatory data that will need to be specified. The application is written in the name of the head of the Ministry of Internal Affairs at the place of registration or at any police station in the country. If the crime was committed in another area, the application will be redirected to the department that is authorized to consider it.
No special application form is required; you can write it on a separate blank sheet. At the top, on the right, as usual, the position, surname and initials of the person in whose name it is submitted, as well as the applicant’s data are indicated. To apply, you must have a passport with you.
Sample Application
Then, the “body” of the statement is compiled: “I, full name, declare that 1.01.01 ...” At the end of the statement it is written that the applicant is warned of responsibility for knowingly false testimony or denunciation. Below is the date and signature.
The statement must indicate the corpus delicti. Do not forget about two components - this is the presentation of property rights and threats. If at least one of the two points does not take place or it is difficult to prove it, then the case will most likely be closed due to the lack of corpus delicti.
If the actions of the perpetrator qualify as extortion of Art. 163 of the Criminal Code with comments (a sample application can be asked from the one who will accept it), when submitting an application, all available evidence must also be submitted. This can be a photo, video or audio recording, notes, phone numbers, meeting place and conditions, and so on. On this, the applicant’s case is considered to be completed, since the relevant authorities should proceed with the investigation.